HomeMy WebLinkAbout06 02 2021 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
JUNE 2, 2021 6:00pm
LOCATED AT
CHUBBUCK CITY HALL
5160 YELLOWSTONE AVE.
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Lewis
COUNCIL PRESENT: Melanie Evans, Roger Hernandez, Ryan Lewis, and Dan Heiner.
STAFF MEMBERS PRESENT: Mayor Kevin England, Public Works Director Rodney Burch, Police
Chief Bill Guiberson, Fire Chief Merlin Miller, Human Resource Director Scott Gurnmersall,
Planning and Development Director Devin Hillam, City Treasurer Rich Morgan, and City Clerk
Joey Bowers.
APPROVAL OF MINUTES. May 19, 2021.
Councilmember Heiner motioned for approval of the Council Meeting minutes.
Councilmember Evans seconded motion for approval of minutes.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
PUBLIC HEARING:
1. An application for annexation of approximately .22 acres of land into the City of Chubbuck and to include
the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map
designates this area as Mixed Use and as Medium Density Residential. Property is in the Southwest % of
Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels,
R3853005607 and RCCPC045100, are generally located at on the east side of Philbin Road between Siphon
Road and Chubbuck Road. Followinga public hearingon May 11, 2021, the City of Chubbuck Land Use and
Development Commissions recommended approval.
Brady Smith, RMES, representing the applicant. Mr. Smith presented .22 acres of
land to be annexed into the City, to correct a 12ft error with a previously approved
annexation application
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.
Mayor England opened the public hearing. There being no comment, Mayor England closed the
public hearing.
2. An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on
approximately 1.09 acres of land. Subject property is in the NW % of Section 3, Township 6 South, Range 34
East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, Idaho. The
Comprehensive Plan Future Land Use map designates this area as Mixed Use. Followinga public hearingon May
11, 2021, the City of Chubbuck Land Use and Development Commissions recommended approval.
Applicant Jose Cervantes presented for a Change in Land Use District from Limited
Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Mr.
Cervantes stated that he would like to use the vacant building fon-nerly known as Hatch's
House of Dolls as a rental space for appropriate businesses.
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. Mr. Matson also stated that even with this zone change most
businesses that would be interested in renting out this space would have to come before
the Board for a conditional use permit (CUP).
Mayor England opened the Public Hearing for public comment.
David Hall at 4893 Hiram Ave, was in favor. Mr. Hall represented a preschool that is
looking at leasing the vacant building as a business location.
Arianne Despain at 5590 Stuart Avenue, was neutral. Mrs. Despain had submitted an
email with concerns regarding a legal dispute on the current property lines, increase of
traffic, and construction noise. Mrs. Despain stated that Mr. Cervantes had
addressed/answered most of her concerns before the meeting. Mrs. Despain also stated
that an agreement was being made between her and Mr. Cervantes to purchase the
property that is currently within her current fence line, and asked for that agreement to
be finalized before a zone change so that portion of her property would not be designated
as commercial. Mrs. Despain stated that she had no objections with the requested zone
change application once the land dispute was finalized.
Greg Murphy at 5592 Stuart Avenue, was neutral. Mr. Murphy also stated that an
agreement was being made between him and Mr. Cervantes to purchase the property that
is currently within his current fence line, and also asked for that agreement to be finalized
before a zone change so that portion of his property would not be designated as
commercial. Mrs. Murphy stated that he had no objections with the requested zone
change application once the land dispute was finalized.
There being no more comment, Mayor England closed the public hearing.
Stuart Ward of Dioptra represented the applicant. Mr. Ward stated that all four of the
original platted corners for this property and the other two properties in question had been
located by a recent survey. Mr. Ward stated that from a surveyors stand point there is no
question where Mr. Cervantes property line sits. A complete survey would need to be
completed for a new legal description of Mr. Cervantes property.
The Council felt like the pending property changes completely changed the current
application, and didn't want to move forward until an updated legal description could be
completed by a surveyor and the land dispute finalized.
GENERAL, BUSINESS:
T. Adoption of Ordinance 830 Annexation with Residential (R-2) Zoning.
(Council will discuss the annexation of .22 acres with Limited Residential (R-2) Zoning).
Councilmember Heiner motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 830.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
Councilmember Lewis motioned for adoption of Ordinance 830.
Councilmember Evans seconded motion for adoption.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
2. Adoption of Ordinance 831 Zone Change from Limited Residential (R-2) to Commercial (C-1).
(Council will discuss a change in land use from Residential (R-2) to Commercial (C-1)).
Councilmember Evans motioned to reschedule Ordinance 831 for August 4, 2021.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Evans -yes, Heiner -yes, motion passed.
3. Approval of the Elliott Estates Short Plat.
(Council will discuss the application and if it meets City code).
Stuart Ward of Dioptra represented the applicant. Mr. Ward presented a two lot
residential subdivision. Mr. Ward stated that the applicant was requesting that the 80'
right of way for Whitaker Road be waived and a 25' right of way as lot 1, plus an
additional 15' utility easement due to the positioning of the current residential building
located on lot 2. A 25ft right of way will be dedicated along the southern border of lot 2
for utilities and for access to lot 3.
Development Services Manager Sean Harris 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 with waiver and conditions.
Councilmember Lewis motioned for approval of the Elliott Estates short Plat with a 40' right of
way/easement as presented, conditional upon construction plans/drawings be submitted at time
of the building permit application for lot 3 and be approved by the Development Services
Division prior to receiving a building permit.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Evans -yes, Heiner -yes, Hernandez -yes, motion passed.
4. Adoption of Ordinance 832 Replacing Chapter 18.28 Administration of Land Use.
(Council will discuss replacing chapter 18.28 of city code).
Councilmember Hernandez motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 832.
Councilmember Evans seconded motion for waiver.
Roll Call: Evans -yes, Heiner -yes, Hernandez -yes, Lewis -yes, motion passed.
Councilmember Evans motioned for adoption of Ordinance 832.
Councilmember Heiner seconded motion for adoption.
Roll Call: Heiner -yes, Hernandez -yes, Lewis -yes, Evans -yes, motion passed.
Adoption of Resolution 2021-06 Land Use Public Hearing Procedures.
(Council will discuss procedures for land use public hearing).
Councilmember Heiner motioned for adoption of Resolution 2021-06.
Councilmember Evans seconded motion for adoption.
Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed.
6. Approval of Firework Permits for 2021.
(Council will discuss the applications and if they meet city code).
Councilmember Lewis motioned for approval of firework permits for 2021, contingent on
required payment for permit fees, and final inspection from the Fire Department.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed.
7. Approval of Records for Destruction.
(Council will discuss the destruction of City records).
City Clerk Joey Sowers presented the records for destruction.
Councilmember Heiner motioned for approval of records for destruction.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Heiner -yes, Lewis -yes, Evans -yes, motion passed.
8. Approval of Items for Auction & Disposal.
(Council will discuss City property for auction and disposal).
Councilmember Lewis motioned for approval of items for auction.
Councilmember Heiner seconded motion for approval.
Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
9. Discussion on the June 16, 2021 Council Meeting.
(Council will discuss holding, moving, or canceling this meeting).
CLAIMS:
The Council decided to move this meeting to June 15, 2021 at 4pm.
1. City of Chubbuck claims for June 2, 2021 as presented to Mayor England and
Council.
Councilmember Lewis motioned to approve the City of Chubbuck Claims as presented.
Councilmember Heiner seconded motion for approval.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:10.
This meeting was available to the public electronically and by phone,
Via Zoom Teleconferencing: Meeting ID: 819 0831 0086
Jo - ity A�Clerk
Ke in E -Mayor