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HomeMy WebLinkAbout09 04 2019 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES SEPTEMBER 4, 2019 — 6:00PM LOCATED AT CHUBBUCK CITY HALL 5160 YELLOWSTONE AVE. CALL TO ORDER: Mayor England. PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Hernandez COUNCIL. PRESENT: Melanie Evans, Roger Hernandez, Annette Baumeister, and Ryan Lewis. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works Director Rodney Burch, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Planning and Development Director Devin Hillam, City Planner Paul Andrus, Senior Planner Don Matson., Human Resource Director Scott Gummersall, City Clerk Rich Morgan, and City Clerk Joey Bowers. APPROVAL OF MINUTES: August 21, 2019. Councilmember Lewis motioned for approval of the Study Session and Council Meeting minutes. Councilmember Evans seconded motion for approval of minutes. Roll Call: Evans -yes, Lewis -yes, Hernandez -yes, Baumeister -yes, motion passed. PROCLAMATIONS: 1. National Suicide Month Mayor England read aloud a proclamation. 2. Constitution Week Councilmember Lewis read aloud a proclamation. 3. Recovery Month Councilmember Baumeister read aloud a proclamation. 4. Kind Community Councilmember Evans read aloud a proclamation. S. Attendance Awareness Month Councilmember Hernandez read aloud a proclamation. 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 on approximately 139 acres of land. Subject property 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. The Comprehensive Plan Future Land Use map designates this area as Mixed Use, Employment, and Medium Density Residential land uses. Following a public hearing on August 6, 2019 the Land Use and Development Commission recommended approval of the petition. Lyn Yost represented the application. Mr. Yost presented a land use change from Agriculture (A) and Limited Commercial (C-1) to Creative Community Northside Crossing (CC -NC). Mr. Yost stated that this development would have 7.1 miles of paved walking paths, and 36 acres of greenway and parks. Mr. Yost stated that the narrower streets with on street parking are designed to slow traffic. Councilmember Lewis wanted it on the record that this master plan is a concept and not a final binding document. The final documents will come at the final plat stages as it develops. Senior Planner Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code for a creative community zone, and recommended approval. Mayor England declared the public hearing open for public comment. Niki Taysom at General Delivery, was opposed. Ms. Taysom was opposed to narrower streets due to winter conditions and emergency services access. Ms. Taysom asked about the 120ft right of way that was required by City Code. Ms. Taysom also asked about gated communities and if they were allowed by City Code. Ms. Taysom was also opposed to community gardens. Due to no more comment Mayor England closed the public hearing. Planning and Development Director Devin Hillam responded to Ms. Taysom's questions. Mr. Hillam stated that this project is not impacted by the 120ft right of way that the City implemented on major thoroughfares. Mr. Hillam also stated that gated communities are permitted within the City's Creative Community Zone, and this application is following those guidelines. Mr. Hillam stated that Chief Miller and Chief Guiberson had reviewed this application and had no concerns with the narrower street design. 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 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. Following a public hearing on August 6, 2019 the Land Use and Development Commission recommended approval of the petition. Lyn Yost represented the application. Mr. Yost stated that this section will dictate the rules as a creative community for this development. Senior Planner Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code for a creative community zone, and recommended approval. Mayor England declared the public hearing open for public comment. Niki Taysom at General Delivery, was opposed. Ms. Taysom was opposed due to government control. Due to no more comment Mayor England closed the public hearing. 3. An application for annexation and initial zoning district designation into the City of Chubbuck which consists of approximately 25 acres with requested Agricultural (A) zoning designation. The subject property is located within the southwest % of section 35, Township 5 South, Range 34 East, of the Boise Meridian, Idaho. Subject property includes Southern 25 acres of Bannock County tax parcel R3803056211 and is generally located south of the residence addressed as 12256 N Hiline. At the Land Use meeting held August 13, 2019 the Commission recommended approval. Christopher Freed represented application. Mr. Freed presented 25 acres to be annexed into the City of Chubbuck. City Planner Paul Andrus stated that this property is currently surrounded on three sides by the City, and recommend approval. Mayor England declared the public hearing open for public comment. Niki Taysom at General Delivery, was opposed. Ms. Taysom asked how an Agricultural (A) zone could be part of a TIF district. Due to no more comment Mayor England closed the public hearing. Planning and Development Director Devin Hillam responded to Ms. Taysom's question. Mr. Hillam stated that this application is not a TIF district application but an annexation application; and an Agricultural (A) zone is the appropriate zone until the applicant is ready to develop. GENERAL BUSINESS: 1. Adoption of Ordinance 800 Change of Land Use District. (Council will discuss a change in land use from Agricultural (A) and Limited Commercial (C-1) to Creative Community- Northside Crossing (CC -NC)). Councilmember Lewis motioned for the waiver of three readings, including the reading of one time in full for Ordinance 800. Councilmember Hernandez seconded motion for waiver. Roll Call: Lewis -yes, Baumeister -yes, Hernandez -yes, Evans -yes, motion passed. Councilmember Evans motioned for adoption of Ordinance 800, conditional upon that a clause be added to the front of the master plan guidelines indicating that these guidelines do not have the force of law and where a conflict exists between these guidelines and City Code that City Code is the controlling document. Councilmember Baumeister seconded motion for adoption. Roll Call: Baumeister -yes, Hernandez -yes, Evans -yes, Lewis -yes, motion passed. 2. Adoption of Ordinance 801 Section 18.35 Creative Community Northside Crossing Zoning District (CC -NC). (Council will discuss adding section 18.35 to City code). Councilmember Evans motioned for the waiver of three readings, including the reading of one time in full for Ordinance 801. Councilmember Hernandez seconded motion for waiver. Roll Call: Hernandez -yes, Evans -yes, Lewis -yes, Baumeister -yes, motion passed. Councilmember Hernandez motioned for adoption of Ordinance 801. Councilmember Evans seconded motion for adoption. Roll Call: Lewis -yes, Evans -yes, Baumeister -yes, Hernandez -yes, motion passed. 3. Adoption of Ordinance 802 Annexation. (Council will discuss the annexation of 25 acres with Agricultural (A) zoning designation). Councihnember Hernandez motioned for the waiver of three readings, including the reading of one time in full for Ordinance 802. Councilmember Evans seconded motion for waiver. Roll Call: Evans -yes, Baumeister -yes, Hernandez -yes, Lewis -yes, motion passed. Councilmember Baumeister motioned for adoption of Ordinance 802. Councilmember Hernandez seconded motion for adoption. Roll Call: Baumeister -yes, Hernandez -yes, Lewis -yes, Evans -yes, motion passed. 4. Approval of the Falls PUD Preliminary Development Plan Amendment. (Council will discuss the application and if it meets City code). Jonathan Vincent represented the application. Mr. Vincent presented a 32 zero lot line unit development that included a single car garage for each unit. Mr. Vincent also stated that a Home Owners Association (HOA) had been established for this development. Mr. Vincent stated that there will be an angle modification to the exiting round about entrance. This modification will allow for a more even split down the middle of this development. Senior PIanner Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Mr. Matson stated that this development is asking for a lower density amendment than what was previously approved for this location. Councilmember Evans asked about impact fees for this development. Mr. Hillam stated that this development meets the landscape requirements for a PUD, but will be subject to pay the full impact fees. Councilmember Lewis motioned for approval of the Falls PUD Preliminary Development Plan Amendment. Councilmember Evans seconded motion for approval. Roll Call: Hernandez -yes, Lewis -yes, Evans -yes, Baumeister -yes, motion passed. 5. Approval of the Falls Subdivision Preliminary Plat. (Council will discuss the application and if it meets City code). Councilmember Lewis motioned for approval of the Falls Subdivision Preliminary Plat, conditional upon that construction plans/drawings be accepted by City Staff. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Baumeister -yes, Lewis -yes, motion passed. 6. Approval of Srookstone Estates Div. 8 & 11 Final Plats. (Council will discuss the application and if it meets City code). Curt Rowland from Eagle Rock Engineering represented the applicant. Mr. Rowland stated that these applications meet all the City Code requirements. Senior Planner Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Councilmember Baumeister motioned for approval of the Srookstone Estates Div. 8 and 11 Final Plats, conditional upon a tum around on Div. 8 if both plats are not recorded together. Councilmember Lewis seconded motion for approval. Roll Call: Hernandez -yes, Baumeister -yes, Lewis -yes, Evans -yes, motion passed. 7. Adoption of Ordinance 803 to Change the Name of a Portion of Siphon Road to "New Day Parkway". (Council will discuss the application and if it meets City code). Councilmember Evans motioned for the waiver of three readings, including the reading of one time in full for Ordinance 803. Councilmember Baumeister seconded motion for waiver. Roll Call: Baumeister -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed. Councilmember Evans motioned for adoption of Ordinance 803, Councilmember Hernandez seconded motion for adoption. Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Baumeister -yes, motion passed. 8. Adoption of Ordinance 804 Correction to Ordinance 791 Parks Impact Fee. (Council will discuss a correction to 17.16 and 17 24 of City Code). City Attorney Tom Holmes stated that Sterling Codifiers found these technical corrections to Ordinance 791. Councilmember Hernandez motioned for the waiver of three readings, including the reading of one time in full for Ordinance 804. Councilmember Evans seconded motion for waiver. Roll Call: Hemandez-yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed. Councilmember Baumeister motioned for adoption of Ordinance 804. Councilmember Hernandez seconded motion for adoption. Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Hernandez -yes, motion passed. 9. Adoption of Ordinance 805 Correction to Ordinance 560 Victorian Village Annexation. (Council will discuss confirming the annexation of certain lands). City Attorney Tom Holmes stated that this is to confirm the annexation of Victorian Village Yd addition. Councilmember Evans motioned for the waiver of three readings, including the reading of one time in full for Ordinance 805. Councilmember Hernandez seconded motion for waiver. Roll Call: Baumeister -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed. Councilmember Hernandez motioned for adoption of Ordinance 805. Councilmember Baumeister seconded motion for adoption. Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Baumeister -yes, motion passed. CLAIMS: City of Chubbuck claims for September 4, 2019 as presented to Mayor England and Council. Councilmember Baumeister motioned to approve the City of Chubbuck Claims. Councilmember Evans seconded motion for approval. Roll Call: Evans -yes, Baumeister -yes, Hernandez -yes, Lewis -yes, motion passed GENERAL ANNOUNCEMENTS: Special Study Session on September 18, 2019. ADJOURN: Mayor Kevin England adjourned at 8:32. ey o ers-City Clerk vin En6an ayor