HomeMy WebLinkAbout05 04 2022 CMCITY OF CHUBBUCK
COUNCIL STUDY SESSION MINUTES
MAY 4, 2022 — 4:00pm
The Council Study Session for May 4, 2022 was canceled.
fr-
CHUBBUCK
IaAHO
City of Chubbuck
Council Meeting Minutes
May 4, 2022
6:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Hernandez
COUNCIL PRESENT: Roger Hernandez, Norman Reece, Dan Heiner, and Melanie Evans.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Interim Public
Works Director Bridger Morrison, Planning & Development Director Devin Hillam, Planning
Manager Don Matson, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Human Resource
Director Scott Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: April 20, 2022.
Councilmember Heiner motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Evans seconded motion for approval of minutes.
Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed.
PUBLIC HEARING:
1. A petition by the City of Chubbuck to create a new Chapter 18.18 Chubbuck Village and two new
land use districts, Highway Corridor (HC) and Village (V); to change the Land Use District (zone)
from General Commercial (C-2) to a new district, Highway Corridor (HC), on approximately 17
acres of land comprising several parcels with Chubbuck Road at the north, Yellowstone Avenue
at the west, Interstate 86 at the south, and east from Yellowstone Avenue approximately 250
feet to the eastern boundary line of each parcel bordering the east side of Yellowstone Avenue,
including parcels on the north side of E Burnside Avenue; and to change the Land Use District
(zone) from General Commercial (C-2) and Limited Residential (R-2) to a new district, Village (V),
on approximately 53 acres of land comprising multiple parcels with Chubbuck Road at the north,
Yellowstone Avenue at the west, Interstate 86 at the south, Central Way at the east, Evans Lane
and the southern boundary of the property located at 5432 Burley Drive at the south, and the
Union Pacific Railroad at the east, excluding parcels as described above to be included in the
Highway Corridor (HC) zone; setting forth the purpose and intent, special provisions and
relations to other chapters of city code, and a regulating plan for the two districts; establishing
special standards within the two districts for streets and right-of-way, building design and
sidewalk frontage, land and building uses, landscaping, parking, and signage; amending Chapter
18.06 Definitions, adding definitions of form -based zoning and traditional Euclidian zoning;
amending Chapter 18.08 Land Use Districts and General Controls with clarifications of
relationship to different General Controls in Chapter 18.18 Chubbuck Village, Chapter 18.20
Planned Unit Developments, and Chapter 18.21 Creative Communities. The Comprehensive Plan
Future Land Use Map currently designates the area as Chubbuck Village, per chapter 16 of the
Comprehensive Plan. The application will be reviewed against criteria in section 18.28.050.6.8 of
city code. Type of action: Decision.
Planning Manager Don Matson presented form -based codes to establishing special
standards for streets and right-of-way, building design and sidewalk frontage, land
and building uses, landscaping, parking, and signage and establishing two new land
use districts, Highway Corridor (HC) and Village (V) for the "downtown" area. Mr.
Matson went over the differences between the current land use districts and the
proposed districts.
Mayor England declared the public hearing open for public comment.
Tari Jensen at 4563 Burley Dr., was Opposed. Mrs. Jensen read a letter she
submitted in opposition to this application. Mrs. Jensen doesn't want to be told by the
City what to do and how to redevelop her property. Mrs. Jensen felt like the existing
commercial properties should be allowed to remain under the current commercial
zone. Mrs. Jensen also was concerned about parking and traffic along Evans Way and
Burley Dr. Mrs. Jensen asked who would be financially responsible to install the
required streetscapes.
William McKee at 265 E. Chubbuck Rd., was Opposed. Mr. McKee read a letter
he submitted in opposition to this application. Mr. McKee doesn't want to be told by
the City what to do and how to redevelop his property. Mr. McKee was also
concerned about developing the street that is proposed in the comprehensive plan to
go through his property, and the negative impact that would have on selling his
property in the future. Mr. McKee felt like the existing commercial properties should
be allowed to remain under the current commercial zone. Mr. McKee was also
concerned about traffic along Evans Way and Burley Drive.
Planning Manager Don Matson stated that as properties develop or redevelop the
property owner would be responsible to install the required streetscapes, which would
include installing half of the street along their property. Planning & Development
Director Devin Hillam stated that there was already a road access agreement between
Mr. McKee's property and the adjoining properties to the west of Mr. McKee's
property. The proposed zoning would allow a property owner to use on street parking
stalls to fulfill parking requirements.
Jim McKee at 130 Evans Way, was Opposed. Mr. McKee wanted some
clarification how this application would affect his business in the future. Mr. McKee
was concerned about the overall look if each property is developed at different times
over long periods of time. Mr. McKee doesn't want to be told by the City what to do
and how to redevelop his property. Mr. McKee also was concerned about traffic
along Evans Way and Burley Drive.
Michael Harper at 4700 Burley, was Opposed. Mr. Harper liked the direction the
city was headed. Mr. Harper wanted some clarification how this application would
affect his business in the fixture, especially when the time comes that he will sell his
business. Mr. Harper doesn't want to be told by the City what to do and how to
redevelop his property. Mr. Harper also was concerned about traffic along Evans Way
and Burley Drive.
Due to no more public comment Mayor England closed the public hearing.
Planning & Development Director Devin Hillam clarified that this application was
an application from the City of Chubbuck and not the Chubbuck Development
Authority. The only interest that the Chubbuck Development Authority had with this
application was that it is a current land owner, which is no different than the other
property owners. Planning Manager Don Matson stated that selling an existing
business would not require the new business owner to meet the requirements for these
sections of code, unless triggered by external improvements to the existing property.
As properties develop or redevelop the property owner would be responsible to install
the required streetscapes. This code would be no different than the current commercial
zone due to the fact that the current zone also has restrictions/requirements on
business types, setbacks, building heights, etc. Mr. Matson also stated that the
architectural drawings would be reviewed to meet the standards within city code by
the design review committee. Decisions from the Design Review Committee are
appealable to the City Council. There was nothing written in the proposed codes that
would force a business out of its current location or restrict the owner from selling
their business, and would still allow a new business owner to continue doing business.
Mr. Matson also stated that the new zoning districts would provide more options and
flexibility to existing businesses to expand then the current zoning.
Councilmember Reece asked about the traffic concerns on Evans Way and Burley
Drive. Mr. Hillam stated that the proposed code is designed to create more
streets/accesses to Chubbuck Road and help slow traffic as properties redevelop.
Attorney Lewis asked for clarification if any of the existing business/buildings
would need to be redeveloped and parking moved to the front of the building to meet
the standards of this application. Mr. Hillam stated that existing business would not be
required to meet these standards until triggered by external improvements to the
existing property.
GENERAL BUSINESS:
1. Discussion and Possible Approval of Chapter 18.18 Chubbuck Village and two new land
use districts, Highway Corridor (HC) and Village (V).
(Council will discuss the application and if it meets City code).
Councilmember Reece disclosed that he had previous business relations with many of
those in attendance and those that had attended the Land Use & Development meetings
on this application, but did not feel like those relations would interfere with his ability to
make a decision on this application.
Councilmember Evans felt like the City was trying to address the traffic concerns for
this area and wants to build on the existing businesses in this area and bring more of
those types of businesses to this area of our community.
Councilmember Reece felt like the City needed to give the property owners more time
to talk to City Staff to address their concerns. City Clerk Joey Bowers stated that the
Council was not adopting this application but giving City Staff direction on whether or
not to bring this before the Council at a future Council Meeting for final adoption.
Mr. Matson stated that City Staff's doors are always open to answer any questions or
address concerns from the property owners. Mr. Matson had met with a few property
owners and had either emailed or dropped off information to help address some of their
concerns. Mr. Hillam gave a history on this application that started back in 2018 and how
City Staff had gotten to the point to bring this application to the Council for discussion.
The City Council directed City Staff to meet with any interested property owners to
help address their concerns, and to bring an ordinance for final approval at the May 18,
2022 Council Meeting. The Council asked City Staff to bring any substantial concerns or
suggestions to the Council for discussion before making a final decision.
2. Approval of Change Order 1 for the New Day Parkway Phase 2 Landscape Improvement
project. (Council will discuss a change order for the New Day Parkway landscaping bid).
Interim Public Works Director Bridger Morrison presented that the New Day Parkway
project that will widen New Day from Whitaker Road to Industry Way was bid in the
spring of 2021 with the intention of completing the project by fall of 2021. When the City
learned that the railroad crossing would not be completed by the railroad in 2021, the
City requested that both contractors put the project on hold and delay the work until
2022. Both contractors agreed to delay the work until 2022 and to complete it under the
existing project plans and contract documents. Given what has occurred in the last year
with material costs, the landscape contractor has requested a change order to cover the
additional cost of materials. Seasons West has provided the material quote from the
supplier showing the costs from 2021 and from 2022. The proposed change order for
$16,802.23 is intended to just cover the increase in materials cost. City Staff is still
working with Union Pacific on a schedule and costs associated with expanding the rail
road crossing along New Day Parkway.
Councilmember Heiner motioned to approve the change order number one for the New Day
Parkway Phase 2 Landscape Improvement project in the amount of $16,802.23, and authorize the
Mayor to enter a contract for this project.
Councilmember Hernandez seconded motion for approval.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed.
CLAIMS:
City of Chubbuck claims for May 4, 2022 as presented to Mayor England and
Council.
Councilmember Evans motioned to approve the City of Chubbuck Claims as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:52.
Jo e -City Clerk Kev England- or