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HomeMy WebLinkAbout006-03-08A. n CITY OF CHUBBUCK LAND USE & DEVELOPMENT COMMISSION MINUTES June 3, 2008 7:00 PM Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, June 3, 2008. Present: Chairman Pete Anderson; Commission Members: Morris Kinghom; Michelle Christy; James Ebom, Ron Horner, Jason Mendenhall, DeLoy Stuart; City Staff: Tom Holmes, Steven Smart, Larry Kohntopp, Secretary DeLaina Baker. Chairman Anderson called the meeting to order at 7:00 pm and asked if any commission members had a conflict with any agenda items. Morris Kinghorn stated he had a conflict with Item #1. Jason Mendenhall moved for approval of last meeting's minutes for May 6, 2008; Morris Kinghorn seconded; all voted in favor. PUBLIC HEARING: n 1. An application by Doug Briscoe /Briscoe Builders, 553 Vern, Chubbuck, Idaho, for a Conditional Use Permit for a proposed Assisted Living Center. The property is located at approximately the 600 block of Pheasant Ridge Drive. Andrew Hubbard, 5071 Marie, of Briscoe Builders displayed designs on the screen and described plans to build one facility and filling it, before building the second facility on site. Showed photos of similar living centers in the area. There being no questions from commission; the hearing was turned over to city staff, who also had no questions. The hearing was then opened for public comment. Kathleen Leary, 462 Alamo, was concerned about traffic flow onto Hiline Road during morning rush hour. David Leary, 462 Alamo, said he is against the commercial project, wants it to stay residential, and is concerned about children with heavier traffic on Hiline. Mark Kinghom, Kinghom Design & Architecture, responded to the concerns. He said that assisted living centers produce very little traffic, and residents generally do not drive. There being no further public comment; the hearing was returned to the applicant. Hubbard said the facility will act as an aesthetically pleasing buffer between the commercial gas station and the town homes, as opposed to a strip mall in that location. The hearing was directed back to the commission for questions. In response, Hubbard said n residents will need care at license levels 1 through 3, not nursing home level care. Staff clarified the zoning will be commercial as designated within the PUD. Commission discussed with Hubbard the zoning and the possible future usage as commercial property. The hearing was returned to the commission. They discussed the following items: 1. The residential style design. 2. Three generations will be reaching retirement age in large numbers. 3. Slant positioning of the buildings improved the site layout. 4. Fencing plans for two separate yards. Deloy Stuart moved the Conditional Use Permit application by Doug Briscoe /Briscoe Builders for a proposed Assisted Living Center be approved; Jason Mendenhall seconded. Roll Call Vote: Morris Kinghom - Abstained; Michelle Christy -Yes; James Ebom -Yes, Ron Horner -Yes, Jason Mendenhall -Yes, DeLoy Stuart -Yes; Chairman Pete Anderson -Yes. Motion was approved. 2. An application by Matt and Linda Clawson, 14051 W. Chubbuck Road, Pocatello, Idaho, for annexation and zone change on their residence from Bannock County Residential Suburban to City of Chubbuck Limited Family Residential (R -2). The property is located at 14051 W. Chubbuck Road. Steve Smart explained why the city staff is representing the Clawsons, who approached the city about annexation and services. This property sits at the intersection of Chubbuck and Philbin and has been annexed all around it. Smart said this intersection needs improvement to reduce accidents. The city agreed to cover the annexation process, provide services and negotiate connection fees, for which the city receives rights to buy right -of -way. Since the Clawsons were not present, he explained the details of the agreement. Smart said staff originally prepared the application for residential zoning and later realized the comprehensive plan proposed commercial zoning for that location. Larry Kohntopp described issues with choosing the zoning designation. Smart clarified some items for the commission: The city is not negotiating right of way yet from the other properties around that intersection for a large roundabout. The traffic moves at 45 mph and includes big trucks and trailers. Smart responded said the zoning will eventually become commercial, as it is in the comprehensive plan, but the commission can decide for now. The commission discussed the zoning issue with city staff. Holmes said residential zoning would potentially allow a subdivision, rather than the intended commercial use. Smart said he has not discussed this issue with the Clawsons yet, but said Clawson anticipated being able to sell a commercial lot someday. Smart said the tax levy will not be affected by the zoning, but by the actual use. Larry Kohntopp noted this was similar to the Afton Meadows zoning issue with regard to future use. There being no further comment from city staff, the hearing was opened for public comment. n Vick Loisell, 10795 Philbin Road, who has property next to the Clawsons, said his main concern after 14 years is the serious problems with accidents and speeding. Strongly against commercialization on that side of Philbin Road, but approves of residential use. Concerned about future owners with commercial use. The roundabout is fine. Sheryl Loisell, 10795 Philbin Road, said that corner as commercial would be undesirable next to their home and affect the value if it became a restaurant or convenience store. She is concerned about junk being piled in current commercial locations nearby, which would not happen if residential. Gerald McNabb, 12973 N. Philbin Road, said the current design at the intersection is confusing and wants to know what traffic control would be best there. Own property across the road on the east side and would like to cooperate with the city. There being no further public comment the hearing was brought back to the commission for discussion. Commission and staff discussed the comprehensive plan while viewing its map. Kohntopp said the comp plan includes the concept of "model community neighborhoods" where every mile section includes a commercial corridor and other uses. The commission discussed plan components that were missed in this area. Discussed location of the school site. Discussed Philbin Road as an arterial and a possible freeway interchange that ITD is planning to study. n Considered mixed use designation to allow both residential or commercial and to tie in with zoning to the south. Commission discussed whether changing the comp plan to mixed use only makes sense if considering both sides of Philbin Road. Smart responded to a question that there is no funding for the intersection engineering and right of way yet, but urban renewal boundaries could be updated, and funding could be applied if it were part of the city. The Clawson agreement would complete half of the right way arrangements. Deloy Stuart moved the application by Matt and Linda Clawson for annexation and zone change on their residence be recommended to the city council for approval as Residential R -2 zoning, with the understanding the Land Use & Development Commission will pursue a comprehensive plan zoning change to mixed use on that property. Morris Kinghom seconded. Roll Call Vote: Morris Kinghom -Yes; Michelle Christy -Yes; James Ebom -No, Ron Horner -Yes, Jason Mendenhall -Yes, DeLoy Stuart -Yes; Chairman Pete Anderson -Yes. Motion was approved and will go before the city council in July. 3. An application by A & I Distributors, 900 1 51 Avenue North, Billings, Montana, for a Conditional Use Permit for a business location. The property is located at approximately the 100 block of Southside Way. n Jeff Butler, of Butler Builders for A & I, read a letter from the company president citing company history and no environmental situations or complaints in 11 years. He shared photos of facilities for distributing oil, antifreeze, lubricants, power equipment, lawn mowers, etc. n Butler answered commission questions regarding oil recycling. Distributor is leasing a temporary location in Pocatello and wants to move to a permanent location in Chubbuck. He asked the city to waive all sewer and water connection fees to bring this business into Chubbuck's tax base. The hearing was then opened for public comment, and there being none, discussion was back to commission for questions: Discussed followed regarding 7000 gallon oil tanks, which Butler said are arranged in a "tank farm" with a retaining wall and recessed floor inside the building to contain accidental spillage up to 25,000 gallons. Butler addressed concerns with seepage through concrete and use of sealers which need to be maintained vs. some natural sealing qualities of concrete finishing methods. Butler responded this will not be a public drop off for oil recycling. The commission discussion followed, basically a warehouse which fits the intended use. Morris Kinghom moved the application by A & I Distributors for a Conditional Use Permit for a business location be approved; Michelle Christy seconded. No further discussion. Roll Call Vote: Morris Kinghom -Yes; Michelle Christy -Yes; James Ebom -Yes, Ron Horner -Yes, Jason Mendenhall -Yes, DeLoy Stuart -Yes; Chairman Pete Anderson -Yes. Motion was approved. � GENERAL BUSINESS Consider a proposed amendment to the major home occupation ordinance that would allow a daycare provider operating as a home occupation to allow a temporary person on the premises. Tom Holmes explained police department reasoning that if the primary provider gets sick or must be absent and needs to have someone cover temporarily, it would be legal. He noted the draft states the absence must be not less than 14 consecutive days, but must be changed to read the absence must be not more than 14 consecutive days. The temporary provider must be licensed, but may not have a current background check completed yet. Chairman Anderson said the process has just been simplified. Jason Mendenhall moved the proposed the major home occupation ordinance change amendment, after the necessary wording change, come before the commission for public hearing at its next meeting; Morris Kinghom seconded. All voted to approve. 1 Consider a request from Chubbuck Development Authority (CDA) to change and enlarge the Urban Renewal Area boundary for the CDA, thus allowing expenditure of tax increment funding on urban renewal projects in a wider area. This item requires a recommendation to the city council. Kathleen Lewis of the Chubbuck Development Authority staff said the Urban Renewal Area was formed in 1992, and CDA proposes boundaries be changed and reviewed for council approval. Smart displayed URA updated boundaries on the screen and described reasons for expansion, including adding streetlights to Sunset West, upgrading the old portion of Dell Road to serve new homes, and improvements needed for Whitaker Road. Chairman Anderson noted the Boyd Street area is aging, Smart agreed but said those roads are in better condition. Holmes advised this is good timing for URA improvements, before legislation makes it more difficult. Kathleen noted the limits. Jason Mendenhall moved that the Chubbuck Development Authority's proposed Urban Renewal Area boundary changes conform with the general plan for development of the municipality according to Idaho Code and that the commission recommends city council approval; Ron Horner seconded. All voted in favor. Morris Kinghom moved to adjourn the meeting; Jason Mendenhall seconded; all voted in favor. Meeting adjourned at 8:48 PM. /'1 DeLaina Baker, Secretary QQ LUDC Page 5 of 5