HomeMy WebLinkAbout007.02.13. City of Chubbuck
Land Use and Development Commission Meeting Minutes
July 2, 2013 - 7:00 p.m.
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, on Date, 2013.
Vice - Chairman Jason Mendenhall: Commission Members: Dan Stoddard, Jay Buttars, James Eborn, Ron
Horner, Bryan Nield. City Staff: Steve Smart, Paul Andrus, Sean Harris. Attorney: Tom Holmes. Secretary:
Ranelle Simmons
Vice - Chairman Mendenhall called the meeting to order at 7:00 pm. Reminding those present to turn cell
phones off.
Horner led the commission in the Pledge of Allegiance.
Mendenhall informed the commission that on the agenda there is a clerical error. Item #1 in the Public
Hearing should be Division 3 not Division 1.
APPROVAL OF THE MINUTES:
Mendenhall entertained a motion to approve the minutes as mailed. Eborn noted there were 4 names
during the public hearing that were incorrect. Vic Loiselle, Clare Stucki, Alane Stucki, Mary Robison.
Nield moved with the revisions made the minutes of June 4, 2013 meeting be approved as mailed;
Horner seconded. The full authority approved.
PUBLIC HEARING
An application by Paul Johnson, Rockwell Development, 3539 Briar Creek Lane, Ammon, ID
83406, for a Change in Land Use District from Limited Residential (R -2) to Limited Residential -P
(R -2P) for Brookstone Estates Division 3 located in the NW % of the SE % of Section 5, Township
6 South, Range 34 East, Boise Meridian, Bannock County, Idaho.
Brady Smith, 2043 East Center, Pocatello, ID 83201 from Rocky Mountain Engineering and
Survey will represent the application.
The zone change map was displayed for commission.
Currently the development is zoned R -2. The change the applicant is asking for is to R2 -P to
encompass patio homes. There is an ordinance in place allowing R2 -P designation. As Rockwell
Development moves forward they would like to continue building patio homes because they are
so marketable.
No questions from commission.
Andrus stated he has included a copy of ordinance 720 in the packet commission received.
Eborn asked for the existing zoning of the lots in the application.
Andrus answered R -2.
Mendenhall opened the Public Hearing.
No comments or questions from the public.
Public Hearing was closed.
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Mendenhall reminded commission this will be a recommendation to the City Council.
Mendenhall entertained a motion. Motion was made by Buttars to approve the application for
residential R2 -P for Brookstone Estates Division 3. Eborn seconded.
Roll Call Vote: Stoddard, Yes; Buttars, Yes; Eborn, Yes; Horner, Yes; Nield, Yes; Mendenhall, Yes. Motion
passes. The recommendation will go to City Council on August 13, 2013.
2. An application by Paul Johnson, Rockwell Development, 3539 Briar Creek Lane, Ammon, ID
83406, for Brookstone Estates Division 3 Preliminary Plat located in the NW % of the SE % of
Section 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho.
Brady Smith, 2043 East Center, Pocatello, ID 83201 from Rocky Mountain Engineering and
Survey will represent the application.
A Google map was shown to the commission showing Division 3 of Brookstone Estates.
Rockwell has 6 months to develop Division 3 and the possibility of a 6 month extension. The
developer does realize what is not developed in that time frame will have to reapply to the city.
Applicant is asking for the development phase option.
No questions from commission.
No comment from city staff.
Eborn asked city staff for clarification on the phase option.
Harris stated the entire preliminary plat is approved and the final plat is approved in phases.
Preliminary plat is valid for 6 months with the possibility of an extension. If it is not developed in
the allowed time the application has to go back thru the steps with a new preliminary plat for
whatever portion has not been developed. The advantage of the phase option is market driven
and infrastructure.
Mendenhall opened the Public Hearing.
Paul Johnson, Rockwell Development, 3539 Briar Creek Lane, Ammon, ID 83406.
The phasing concept is being utilized in other cities and counties. No sense having 40 lots on the
ground when winter comes. That is why the phasing concept proposal has been made.
Mendenhall closed the Public Hearing reminding commission this is a recommendation to City
Council.
Mendenhall entertained a motion. Eborn made a motion that the application by Rockwell
Development for Brookstone Estates Division 3 Preliminary Plat located with the description her
in be recommended to City Council. Horner seconded.
Roll Call Vote: Stoddard, Yes; Buttars, Yes; Eborn, Yes; Horner, Yes; Nield, Yes; Mendenhall, Yes. Motion
passes. The recommendation will go to City Council on August 13, 2013.
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GENERAL BUSINESS
1. Rockwell Development is requesting a waiver to build single family homes on zero lot line
residential lots in Brookstone Estates Division 1 per Ordinance 18.08.040B.
Paul Johnson Rockwell Development, 3539 Briar Creek Lane, Ammon, ID 83406 is representing the
application.
The request for a waiver corrects a situation where inadvertent errors were made in the building
permitting process. When Brookstone Estates was first introduced there was confusion with
Rockwell and the building department. Waiver is to allow patio homes in Brookstone Estates
Division 1. Johnson apologized for the miscommunication.
Mendenhall informed the commission that they will make this decision.
Holmes asked how many lots are vacant.
Johnson let commission know there are 2 lots.
Holmes wanted to know how the market was affecting building these patio homes.
Johnson explained they are town home units that are detached and don't have the common wall
but instead have 16' between you and your neighbor. This size of home and lot are appealing.
Buttars asked if city staff had any comment or questions.
Andrus stated ordinance 720 allows for the waiver.
Mendenhall entertained a motion. Nield made a motion to approve the waiver to build single family
homes on zero lot line residential lots in Brookstone Estates Division 1 per Ordinance 18.08.040B.
Horner seconded
Roll Call Vote: Stoddard, Yes; Buttars, Yes; Eborn, Yes; Horner, Yes; Nield, Yes; Mendenhall, Yes. Motion
passes.
Discuss City Code 18.24.050 nonconforming uses of structures or of structures and land in
combination
Andrus stated once in awhile he gets a call from a lender asking if a residence in a commercial zone is
destroyed can they rebuild. With the current City Code they could not without a Conditional Use Permit.
Lenders don't accept the option and the sell falls through.
Smart explained the lenders are worried about their security and are more careful now. There have
been a number of requests from realtors in the last 3 to 4 years to make a change. The sale fell through
for the parcel on Yellowstone and Stuart for 2 different potential buyers because of the financing issues
and the requirement of a Conditional Use Permit. 35 years ago when the major rewrite of the zoning
ordinance occurred there was a strip of commercial established 300' parallel from Yellowstone. There
were some sweeping Land Use decisions in different areas such as by Idaho Central Credit Union on
Central Way. Going north from Stuart on Yellowstone, going back 300', there are a dozen homes
affected.
Eborn would like to have the board think about it and discuss it again.
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Buttars would like to see ordinances from other cities and revisit at the next meeting.
Horner would like to see who was refused financing.
Mendenhall would like to see specific recommendations or suggestions by city staff.
Mendenhall entertained a motion to postpone the discussion until the next meeting. Buttars made a
motion to postpone until the next meeting until city staff can supply addition information. Eborn
seconded. Motion passed.
Mendenhall entertained a motion to adjourn; Eborn made the motion. Horner seconded. All voted to
adjourn at 7:50 pm.
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RaqAlle Simmons, Secretary
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