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HomeMy WebLinkAbout11 04 2015 CM-3ol CITY OF CHUBBUCK COUNCIL MEETING AGENDA NOVEMBER 4, 2015 — 6: 00Pm CALL TO ORDER PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Marshall INVOCATION: Trent Campbell AMEND COUNCIL MEETING AGENDA: APPROVAL OF MINUTES: Council Meeting Minutes of October 21, 2015 Councilmember Lewis moved to postpone the approval of the minutes from October 21, 2015 until the November 18, 2015 so additions can be made. PUBLIC HEARING: To consider a proposed ordinance amending section 18.12.030(A) of the Chubbuck municipal code adding limits and guidelines on an accessory structure in a residential area. Rodney Burch, the City of Chubbuck Public Works Director, presented the changes in the ordinance. What we placed before you is at this councils request, we studied and presented to the land use commission during the October meeting. The Land Use Commission has sent this ordinance to the Council with a recommended to not pass. Rodney read the criteria that had been added to the ordinance. Rodney presented the information that was gathered from Twin Falls, Blackfoot, Pocatello, and Burley. Rodney presented some examples of buildable lots in Brookstone, Homestead, and Briscoe 7'h and then some examples from around the City and explained how the proposed changes would be applied to the buildable lots. Rodney believes the percentage of the lot is important for this ordinance. Councilmember Lewis asked Rodney to take the council through the evolution of the land use to their conclusion. Councilmember Ellis asked if the Land Use discussed the access of the structure as compared to the lot. Mayor England opened the Public Hearing 6:20 and ask for those in favor of the ordinance to come forward. Verlyn Ashton, 5369 Whitaker, lives by some large secondary structures in the Briscoe 70, Addition. In his inquiry of friends and neighbors about the size of these structures, he has found most think the structures are two big for the R1 neighborhood. Mr. Ashton asked the Council if they have had enough discussion with the citizens on this issue. He does not believe this ordinance is a hindrance but a good a guideline and would present a standard to the community. He also believes that in the future, there will be conditional use permits for business being run out of these buildings. He reminded the Council that they are elected to represent each individual in the City not just the builders. Eric and Stephanie Bacon, 820 Dell, The Bacon's have had a secondary structure build on what was on the plat as a single R1 lot, across the street from the home they just purchased. The owners of the secondary structure did ask for the Bacons signature, however, the Bacons say they were misled about what would be built. The Bacons believe there should be regulations on secondary structures to prevent this from happening in the future. Lindsay Anderson, 818 Wendy, The shop on Dell was built directly behind her house. She believes she was one of the properties directly affected, yet the process did not notify her. She asked why she was not notified. This is defect in the process. 3©3 Travis Hanks, 5164 Cantebury, Mr. Hanks believes those who live in the Briscoe 7,h Addition and are opposed to the building of these shops are jealous of those who can. These shops are big and he likes them. He is favor of some restriction because someone next to him could build one. Dixey Ashton, 5369 Whitaker, Would like to be on the record as agreeing with all that has been said by those in favor of some guidance and restrictions on secondary structures. Neutral - none Opposed - Dave Cameron 488 Pocano, has lived in Chubbuck for 15 years. His home is a custom built home in the neighborhood. He believes the secondary structures in the Briscoe 7h Addition has increased the value of the homes in the area. He stated that he believes those proposing the regulations have what he termed 'shop envy'. He wants the council to protect his ability to build a shop of any size if he would like one. Councilmember Lewis asked if there is any restriction or any regulation at all that he would support? Mr. Cameron stated that he believes personal freedom and personal property rights trump everything and there should be no regulation at all. Doug Briscoe, 5344 Kymball, stated that this change in the ordinance is unneeded. Some of the complaints he has heard are different issues and would not be fixed by the current ordinance change. He does not like to compare to other cities. He thinks the City of Chubbuck should do what is right for the City of Chubbuck. Steve Ryan said he lives on Dell Road. He opposes the ordinance and would like the City to keep the status quo. Ron Dykman, 446 E Chubbuck Road, believes in private property rights. He does think there needs to be some guidelines but they need to be reasonable. Andrew Briscoe, 5315 Kimball, said that the idea that this discussion is over size of shops is false. The idea that most citizens in Chubbuck want some restriction on secondary structures is false. He believes this is a molehill being made into a mountain. This is a gross misuse of government funds and time. This is government overstepping its bounds. These huge homes and shops are part of nice property in the city. If we are looking at distractions why do we allow duplexes or smaller homes? These are detrimental to the City also. He drives his work vehicle home each night; this does not mean that he is working from his home. Please focus on making this the best place to live. Councilmember Lewis asked Mr. Briscoe what other issues he was alluding to other than the secondary structures. Mr. Briscoe thinks this change is all about jealousy. Bryan Nield, 420 Callaway, As a member of the Land Use Commission I can tell you that we have debated this change for several months. Not one of the current shops that have been discussed would have been stopped by the proposed regulation. The Land Use Commission voted 7 to 2 for a do not pass recommendation. Mr. Nield believes this is representative of how the community feels. Robert Briscoe, 5110 Kimball, would like to go on record as agreeing with those who oppose the change in the ordinance. He would rather have the shop with the blight inside rather than having it all parked on the street. These shops keep our city looking better and looking cleaner. Bryce Bybee, 5324 Kimball, stated that he builds homes. He builds more in Chubbuck than Pocatello because of fewer restrictions. We can't make everyone happy. There are complete neighborhoods he would like to build a shop over. Mayor England closed the Public Hearing 6:55pm. Councilmember Ellis stated that this is about multiple subdivisions, not just the Briscoe's subdivision and explained what happened on Dell Rd. He does not want to restrict shops, he wants to build lots of shops. He has had lots of people want to build shops, He does think there should be a relationship with the size of the shop to the neighborhood, the primary structure and the lot size. Councilmember Marshall stated that people are building such large structures the City has a multi -use problem. The City should protect everyone's rights and resale values. The Dell Road shop doesn't look like a house, doesn't fit the neighborhood at all. He has looked at the ones on Kymbali, they are nice, and the City can't guarantee all shops will be built as nice as the ones on Kymbali. When you use residential property for commercial use you are cheating the system. Councilmember Ryan Lewis thanked the participants for their comments. He then stated that the reason we have a nice community is because we have regulations. The question then becomes how we balance property rights with the proper regulation. When we regulate things we need to identify the proper concerns. We need to see if there is a regulation we need to look at that will continue nice subdivisions without burdening the builder or the property owner. Tom Holmes, City Attorney mentioned that the Land Use Commission did discuss regulating the building materials being the same as the primary structure and that requirement was dropped. GENERAL BUSINESS: 1. Consideration of Ordinance XXX amending section 18.12.030(A) adding limits and guidelines on an accessory structure in a residential area. The Council declined to take action on this ordinance and is seeking additional input at a regularly scheduled Study Session on December 4, 2015 and as a general business item at the regularly scheduled Council Meeting on December 4, 2015. They are doing this to try to identify the proper action, if any, that needs to be taken. 2. Adoption of the Development Agreement between Pine Ridge Mall JC, LLC, the Chubbuck Development Authority and the City of Chubbuck. Adoption of this Development Agreement will be placed on an agenda in January 2016. CLAIMS: Computer printout claims for November 4, 2015 as presented to Mayor England and Council. Councilmember Ellis moved to approve the claims for November 4, 2015. Councilmember Morrison seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. The Mayor ADJOURNED THE meeting at 7:44pm.