HomeMy WebLinkAbout005-04-10City of Chubbuck
LAND USE & DEVELOPMENT COMMISSION
MINUTES
May 4, 2010
7:00 PM
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, May 4, 2010.
Present: Chairman Pete Anderson; Commission Members: Jason Mendenhall, Rodney Burch, James
Eborn, Ron Horner, Morris Kinghom, George Merrill; City Staff. Steven Smart; Paul Andrus, Attorney
Tom Holmes.
Chairman Pete Anderson called the meeting order at 7:00 PM.
APPROVAL OF MINUTES
There being no corrections. Jason Mendenhall moved the minutes for April 6, 2010, be accepted as
mailed; Jim Eborn seconded. All voted to approve.
GENERAL BUSINESS
Review the Commissioners prepared questions regarding City Code Section 18.20 on Planned Unit
Development and discuss details of the process with City Staff.
Paul Andrus and Steven Smart, City Staff, said they reviewed the ordinance again and they feel it
is good. Smart noted some reasoning for the flexibility of the ordinance.
Rodney Burch agreed. He wants to look closer at how the ordinance is applied to applications. City
Staff clarified some of the following items:
• Open space relative to people in the development. Is 10% open space required in addition to park
area in return for increased density? Smart confirmed 10% open space can count toward park area
if the commission and the council choose to allow it. See Sections 18.20.060.A and 18.20.065.A.
Minimum park area calculations using two different methods were discussed.
• PUD is the overriding ordinance.
• Side yard setbacks are not included in the 10% open space. Section 18.20.060.E covers patio or deck
areas that should be included.
• Smart recommended ordinance be reviewed every time we have a PUD application.
• Options available in Section 18.20.076 and Section 18.20.080. Calculations shown can be approved
according to the criteria in A, B, C & D.
• PUD ordinance is designed to guide flexibility in developing difficult areas and in creating mixed use.
The group discussed other details that could be addressed. Smart said the final development plan
presented obligates the applicant to follow it. Chairman Anderson proposed the word "principles"
be removed from final PUD application Item 8A regarding building and street scape design.
Commission discussed the wording. Developer can reapply for changes if necessary.
Burch said R -4 densities in PUD is cause for concern with this unique zoning, because R -4 criteria
does not apply. Smart noted Sections 18.20.075 & .076, which apply the appropriate criteria to the
PUD district types. Inconsistent setbacks have been an issue in the past. Commission discussed
appropriate variations. Flexibility is the advantage of a PUD. The designation on the plat guide the
requirements. The zoning terms should be left off the plat and other wording used.
Discussion continued on the final PUD process. The land use commission reviews and recommends
approval or denial of both the preliminary plan and the final development plan to the council.
Commission discussed whether notification within 300 feet being enough. Tom Holmes said it is
state code and city code. Smart said notice is published in the paper and those within 300 feet are
notified in writing. Commission discussed ideas on what is reasonable. Notice is published; signs
are posted at the property; it is posted on the bulletin board; it is mailed to those within 300 feet, and
it is posted on the city website. Smart addressed taxpayer concerns regarding the cost.
2. Discuss a recent Idaho case that deals specifically with site visits by a board.
Tom Holmes reviewed Idaho Supreme Court ruling regarding official site visits including public
notice and public attendance allowed, but no public comment allowed at the site. No discussion
should take place at the site with non -board members. Observations made on an individual
member's site visit should be disclosed on the record at the applicable meeting. A conflict of interest
relates to a potential monetary gain.
3. Consider election of the Chair and Vice -Chair for the commission, which will take place at the
regular meeting on June 1.
Chairman Anderson said anyone who would like to campaign to be Chairman should let the board
know soon.
Jason Mendenhall moved the meeting be adjourned; Morris Kinghorn seconded. All voted to adjourn.
Chairman Anderson adjourned the meeting at
DeLaina Baker, Secretary
LUDC