The URL can be used to link to this page

Home My WebLink About007-07-09City of Chubbuck LAND USE & DEVELOPMENT COMMISSION MINUTES July 7, 2009 7:00 PM Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, July 7, 2009. Present: Chairman Pete Anderson; Commission Members: Rodney Burch, James Eborn, Ron Horner, Morris Kinghorn, Jason Mendenhall, Bryan Nield; City Staff. Steven Smart, Paul Andrus, Secretary DeLaina Baker. Chairman Anderson called the meeting to order at 7:00 pm. Chairman Anderson asked if there were any conflicts, and there being none, the meeting proceeded. APPROVAL OF MINUTES for June 2, 2009: Morris Kinghom moved the June 2, 2009, meeting minutes be approved as written; Jason Mendenhall seconded. All approved. PUBLIC HEARING: 1. An application by LDS Church/Darris Ellis c/o RMES, 2043 E. Center, Pocatello, Idaho, for a Comprehensive Plan/Urban Service Boundary change on property located north of Homestead Estates Subdivisions. Mitchell Greer of RMES described the project location and the proposed boundary change. He addressed concerns about sewer capacity, which he said would be just local residents and a Net Zero. The commission confirmed that the area to the west of the church could accommodate a few residential lots. Steven Smart, City Staff, said the Urban Service Boundary has been tightly held around the city limits, but this application has merit enough to be considered by the land use commission and council. Smart described the Northwest Sewer Interceptor project for which the first portion of Phase 1 has already been funded and will be bid in August or September, and the second portion is expected to be funded and bid around December. This project will relieve sewer capacity issues when the line is built in Siphon Road within the next 18 months. Smart gave a brief history on the sewer planning study and on the Urban Service Boundary as a planning tool. Smart and Morris Kinghorn discussed the sewer load of a church vs. a residential area. Sewer flow would be directed toward Siphon Road rather than to Chubbuck Road. ' Chairman Anderson then opened the meeting for public hearing: Darris Ellis, 4470 Wasatch, supports the project. He does not intend to develop these residential lots during this slow growth time. He said the church would like to get in the infrastructure this year, but they will not proceed further until at least next spring. There being no further comments, the public hearing was closed and the meeting was returned to the commission for discussion. Commission discussed: 1. the comprehensive plan change is the urban service boundary 2. change request covers five acres only 3. rigid boundary in past, but the Net Zero is a factor to consider 4. recommendation of removing residential lots until sewer is available 5. whether Net Zero effluent is accurate 6. consider a condition that the change not be made until the church is issued a CO 7. integrity of boundary and perceived favoritism 8. possibility of the sewer line in Siphon Road and the church CO being reality at the same time 9. boundary was extended around Homestead due to longstanding commitments to property owners Greer said the neighborhood residents will either be using the bathroom at home or at the church, which is why the Net Zero; it serves only this area. He said the residential lots were there to provide service connections for future growth. The commission invited comment from Randy Hayes of JHS Architects and the LDS church real estate representative, who said the church wants to purchase the property, and he believes it would be about two years before a CO might be issued. Smart traced the sewer project line on the map. The current Urban Service Boundary contains little space for development. He described the loan funding process by the Chubbuck Impact Area Wastewater Collection Authority through the City of Chubbuck. This project will relieve capacity issues within the current Urban Service Boundary. Jim Eborn proposed we construct an agreement that would enable the church to proceed. Smart said all applications to the commission have to be decided within 45 days and delay would not work. Jason Mendenhall moved the commission recommend the city council deny the application by LDS Church/Darris Ellis c/o RMES, for a Comprehensive Plan/Urban Service Boundary change on property located north of Homestead Estates Subdivisions; Ron Horner seconded. With all understanding the motion, they voted. Roll Call Vote: Rodney Burch -No; James Eborn -Yes; Ron Horner -Yes; Morris Kinghorn -No; Jason Mendenhall -Yes; Bryan Nield -No; Chairman Pete Anderson -Yes. Motion passed. It will be scheduled to go before the city council. 2. Proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas. Chairman Anderson briefly described the purpose of the ordinance. The meeting was then opened for public hearing. Bryan Cooper, 12864 Triple Crown, Pocatello, ID, questioned the two day lapse item, clarified the 90 -day construction period, and noted permit wording does not cover non -metal containers like Pods. He suggested other changes also. There being no further comment, the public hearing was then closed. The meeting was returned to the commission. Commission discussed: 1. eliminating the two day lapse item 2. eliminating the word "metal" as it applies to container material 3. one container to be removed before placement of second 4. removing Item 5F, 53 feet limit, while 5D & 5G prevent encroachment 5. reviewed time limits for different zones Smart said the more detailed the ordinance the more challenging the monitoring and enforcement will be also. Much of it could be eliminated. Jim Ebom moved the proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas be tabled until next meeting with counsel available. To allow Cooper to move forward with his business, motion was withdrawn. Morris Kinghorn moved the proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas be approved with 4 -day time limit in right of way, 16 -day limit on property and removing metal designation for container material. There being no second; Motion died. Commission discussed modifications further. Bryan Nield recommend the proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas be passed by the council with the following conditions: In Item 5C remove second sentence therefore eliminating the 2 -day lapse item; in Item 5F add missing word to read "53 feet "; in Item 7 remove the word "metal ". Jim Ebom seconded. With all understanding the motion, they voted. Roll Call Vote: Rodney Burch -Yes; James Ebom -Yes; Ron Horner -Yes; Morris Kinghom -Yes; Jason Mendenhall -Yes; Bryan Nield - Yes; Chairman Pete Anderson -Yes. Motion carries. 3. Proposed ordinance deleting all the provisions in Chapter 17.12 providing for waiver of plat. Steven Smart explained reasons for the proposed ordinance change. He answered questions from the commission. Chairman Anderson opened the meeting for public hearing; there being none, the public hearing was closed. The meeting was then brought back to the commission for discussion. Jason Mendenhall moved that the commission recommend city council approval of the proposed ordinance deleting all the provisions in Chapter 17.12 providing for waiver of plat; Morris Kinghorn seconded. With all understanding the motion, they voted. Roll Call Vote: Rodney Burch -Yes; James Eborn -Yes; Ron Horner -Yes; Morris Kinghorn -Yes; Jason Mendenhall -Yes; Bryan Nield - Yes; Chairman Pete Anderson -Yes. Motion carries. GENERAL BUSINESS Commission discussed whether to hold a meeting on August 4, 2009. They were undecided. 2. Discuss whether to move the regular November land use meeting from Tuesday, November 3` which is Election Day, to Thursday, November 5, 2009, at 7:00 PM. Morris Kinghorn moved the regular November land use meeting from Tuesday, November 3` which is Election Day, to Thursday, November 5, 2009, at 7:00 PM; Jason Mendenhall seconded. All approved. Morris Kinghorn moved the meeting be adjourned; Jason Mendenhall seconded; all voted in favor. The meeting adjourned at 8:45 PM. DeLaina Baker, Secretary LUDC