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HomeMy WebLinkAbout004.03.12City of Chubbuck Land Use and Development Commission Meeting Minutes April 3, 2012 - 7:00 pm Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, April 3, 2012. Chairman Peter Anderson: Commission Members: Rodney Burch, George Merrill, Jay Buttars, Morris Kinghorn, James Eborn, Ron Horner. City Staff: Steven Smart, Paul Andrus. Attorney: Tom Holmes. Secretary: Ranelle Simmons Chairman Anderson called the meeting to order at 7:00 p.m. Horner led the commission in the Pledge of Allegiance. APPROVAL OF THE MINUTES: Anderson entertained a motion to approve the minutes as mailed. Kinghorn moved the minutes of March 6, 2012 meeting be approved as mailed; Eborn seconded. The full authority approved. PUBLIC HEARING 1. An application by SHJH, LLC. , 4555 Burley Drive, Chubbuck, ID 83202 for a Change of Land Use District to a Planned Unit Development. The property is located at 4170 Hawthorne Road, Chubbuck, ID 83202. Jeff Hawkes and Scott Harris from SHJH, LLC own the land at 4170 Hawthorne Road. Hawthorne Garden Apartments will be a luxury multifamily development with 150 units. The zoning is C -1 limited commercial asking for the change to commercial PUD. Hawkes presentation for the commission included going over the lay -out, floor plans and amenities both inside and outside the apartments. General Growth Properties, Pine Ridge Mall, have proposed an offer to allow the apartment residents to use the mall access road from Hawthorne Road on the north side of the units. The developer deadline with HUD, SHJH financial institute, is June 15, 2012. Anderson asked for comments from city staff. Andrus pointed out the density calculations were mailed to the commission. Project does not meet infill requirement that is 5 acres or less but does meet PUD requirements. Anderson asked if there were any questions by the commission for city staff. Eborn asked for the open space calculations. Andrus stated his calculations are 13% to 14 %. Smart clarified that the required building set -back is determined and that is excluded from the open space requirement. Burch commented the ordinance is very clear in explaining what is required for open space. Anderson opened the public hearing. No public comment. Anderson closed the public hearing and brought the meeting back to the commission. Anderson asked for any other discussion from commission. Burch wanted to address a couple of issues. Ordinance density calculation allows for 128 units, SHJH is asking for 150 units. He feels that 128 units the City Council has to approve. J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2012 \4.3.12.docx Code required 100 square feet of private area for each unit, that area is the balconies. Buttars asked what the staffs view is toward the density calculations. Smart answered that Code 18.20.08; the density calculations can be approved by City Council up to 25% of those allowable. The city does not have a multifamily apartment complex that has as many amenities that they are planning to have. Andrus added the code is subjective; there are no concerns by staff. Code 18.20.065, the required amenities for PUD, and 18.20.080, density for PUD, was discussed by commission. Smart commented 18.20.065 states at least two (2) or more of the listed amenities are required. City staff agrees they have supplied at least the minimum of 10% by supplying 13%. Decision on the other densities that have been added do they increase 5% to 10% respectfully. Holmes added SHJH is not asking for the 25% density increase. Burch asked city staff if anything came out of design review meeting today that the commission needs to know. City requirements were discussed with nothing out of the ordinary. Anderson asked for other discussion or comments from the commission. Anderson noted this is a recommendation to the city council for a change of land use district to Planned Unit Development but is concerned with the simplicity in which it was stated in the Notice of Public Hearing. Commission discussed and came to the conclusion to include in the motion both the preliminary and final plans along with density requirements. Anderson entertained a motion. Burch made a motion to recommend approval to city council of the land use designation change to Residential PUD and the recommended approval of the preliminary development plan with granting the additional requested density up to the 150 units. This is for the application by SHJH, LLC for the Hawthorne Garden Apartments located at 4170 Hawthorne Road. Also requiring the completion of the negotiation with General Growth Properties for access to the mall road. Kinghorn seconded. Anderson asked for any other discussion on the motion. Roll Call Vote: Burch, Yes; Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Eborn, Yes; Horner, Yes; Anderson, Yes. Motion carries. Recommendation will go before the City Council on April 24, 2012. 2. An application by The Real Apostolic Church, 449 Holly Street, Chubbuck, ID 83202 for a Conditional Use Permit. The property is located at 134 East Linden, Chubbuck, ID 83202 Pastor Seth Mena from The Real Apostolic Church, 449 Holly Street, Chubbuck, ID 83202 will represent the church. The church was originally located in the Westwood Mall but is now in need of a larger building. Design Review meeting has been completed. Anderson asked for questions from the commission. Burch asked for hours of operation. 1: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2012 \4.3.12.docx One service at 10:00 a.m. on Sunday usually out by noon. Thursday night bible study is at 7:30 p.m. Eborn asked if the new location includes a residence. It does not. Anderson asked for comments from city staff. Andrus commented the church will lease the building now in hopes of buying at a later date. Anderson opened the Public Hearing. No comments made. Public hearing is closed bringing back to the commission for discussion. Merrill asked what the building was used for in the past. Smart informed the commission the business that previously occupied the building was Liquid Air. Anderson entertained a motion. This is an action by the Land Use Commission. Kinghorn made a motion to approve the application from The Real Apostolic Church for a Conditional Use Permit for a church located at 134 East Linden, Chubbuck, ID 83202. Eborn seconded. Roll Call Vote: Burch, Yes; Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Eborn, Yes; Horner, Yes; Anderson, Yes. Motion carries. GENERAL BUSINESS Discuss ex parte communication. Holmes informed the commission that a couple of incidents have happened making it appropriate to discuss ex parte communication. Commission needs to disclose at the beginning of the meeting if an incident has happened that includes what is in the public hearing, such as a neighbor wanting to discuss. If commission has questions please contact Holmes or city staff. Burch asked if commission can communicate with city staff. Holmes stated yes for clarification only. Burch also asked if the commissioners can communicate between themselves before the meeting. Holmes commented no. Kinghorn asked about visiting the location. Holmes informed the commission that if a board member visited the site they should disclose that fact in the meeting. Anderson entertained a motion to adjourn; Eborn made the motion. Ki gh r lco-kqed. 1 voted to adjourn at 8:35 pm. iT Q PeteA , Chairman I Ran le Simmons, Secretary Y 1: \P1anning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2012 \4.3.12.docx