HomeMy WebLinkAbout006.04.13City of Chubbuck
Land Use and Development Commission Meeting Minutes
June 4, 2013 - 7:00 p.m.
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, on June 4, 2013.
Chairman Peter Anderson: Commission Members: Rodney Burch, Dan Stoddard, Jay Buttars, James
Eborn, Jason Mendenhall, Bryan Nield. City Staff: Steve Smart, Paul Andrus, Sean Harris. Attorney: Tom
Holmes. Secretary: Ranelle Simmons
Chairman Anderson called the meeting to order at 7:00 pm.
Buttars led the commission in the Pledge of Allegiance.
Anderson asked if any commissioners had a conflict of interest within the items before the board
tonight. Eborn will step back on Public Hearing items 1 and 2.
APPROVAL OF THE MINUTES:
Anderson entertained a motion to approve the minutes as mailed. Eborn moved the minutes of May 7,
2013 meeting be approved as mailed; Mendenhall seconded. The full authority approved.
PUBLIC HEARING
1. An application by Josh Ellis, 527 Taylor Avenue, Chubbuck, ID 83202, for a Change in Land Use
District from R -2 to R -4. The subdivision known as Gryffin Hollow is located in the northeast
quarter of the northeast quarter of section 8, Township 6 South, Range 34 East, Boise Meridian,
Bannock County, Idaho.
Josh Ellis was in attendance to represent the application. This is the same plat that was brought before
the board 5 to 6 years ago. The only change that has been made to this particular plat was to remove
the individual center lines. The application is asking that the zoning be changed to R -4 which is allowed
in the Comprehensive Plan. This particular area is designated Mixed Use which allows all zone
designation except C -2 and Industrial. Multiple family housing is planned, either 3- plexes or 4- plexes.
The Grove Subdivision is just south of this project which will eventually meet the boundary of Gryffin
Hollow. Everything to the west of the project will go Commercial. University Bible Church and the Grove
Subdivision were required to widen Siphon Road. It is also slated for another interstate on and off ramp.
City of Chubbuck has acquired the 3 corners at the intersection of Philbin and West Chubbuck Road. To
provide a buffer to the neighbors a 6' vinyl fence will be around the property along with tree buffer
along the exterior of the property. Single family homes do not generally sell when they are near a
commercial areas, East Chubbuck Road is an example.
Secondary irrigation is an issue so a waiver has been requested. The cost for a pump for the size of the
Grove Subdivision is $50,000 to $75,000. The Grove has 55 lots and with the addition of Gryffin Hollows'
6 lots it should be $1230.00 per lot for the irrigation system for Gryffin Hollow. The System is maintained
by Ryan and Kevin Booth and their association. The money would be in a holding account until the
secondary line is to Gryffin Hollow. They will need to finish the other phases of The Grove before the
lines will be to this project. The City should not be able to require the project be mandated to pay
whatever they want me to pay to get secondary irrigation.
J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx
Parking complaints are a legitimate gripe. There will be an additional 16 parking spaces for visitor
only. Signs will be posted. That is different from the original plat.
Anderson asked if there were questions from the commission.
Holmes asked if each separate lot could be set up to have its own ownership.
Ellis said they can but that is not his intent to build and sell them as individual pieces
Nield asked for unit totals.
4 -plex would have 24 units, triplex would be 18. Triplex is the preference.
Burch asked what the current zoning is on The Grove.
Ellis stated The Grove Subdivision is R -1.
Anderson asked for additional questions or comment from City staff.
Staff had no comments.
Public Hearing was opened for public comments.
Vic Loiselle lives at 10795 N Philbin Road, Pocatello, ID 83202. His property is the big corner piece.
Against the proposed building plan.
Concerns:
• Would like to have seen Josh's name recorded at the beginning of the meeting.
• Total homes needs to be documented.
• 1/3 of Gryffin Hollow property is road only leaving approx 2 acres to build on.
• Upkeep of the buildings.
• There are horses and cattle in the area.
• Plastic vinyl fence cannot be considered a security fence because of breakage.
Ryan Booth from New Land Development lives at 1249 Booth Road. He is one of the developers for The
Grove Subdivision. He is against the application.
Concerns:
• Apartments will hurt the value of the homes in The Grove Subdivision.
• The developers met all requirements that the City asked for including Fort Hall irrigation.
• There was never an agreement with the Eborns when the Gryffin Hollow subdivision was
proposed in the past to tie into The Grove's irrigation system.
• Water lines and roadways are in place in our subdivision so it is cost prohibited.
• Unfair that they may not be made to keep the Fort Hall irrigation to the same standard that
was required of them.
John Watts lives at 1388 Sawtooth. When the home was built the covenants were clear. Totally against
Concerns:
Very disappointing if quad type units are built.
2 acre development to have 4 families on .25 acres. Not enough room for the buildings and 2
parking spaces per apartment.
Clare Stucki lives at 14091 W Chubbuck Road.
• Will depreciate home value.
J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx
• Find a different area that is not in the middle of single family homes. Agree with other
comments.
Tiffanie Mai - Ganske, one of the owners of New Land Development. She lives at 2350 Satterfield Drive,
Pocatello, ID 83201. Let the commission know that the 2350 Satterfield Drive is the address for New
Land Development and she never received a letter regarding the Public Hearing.
Concerns:
• Twin homes are a form of single family. Changing to a density of tri- plexes is a concern.
• The lots that are left to be developed in The Grove Subdivision need to be considered with
whether future home builders will look at the area as a possibility. It will devalue our property.
• Waiver of the total cost for the Fort Hall Irrigation water was extremely expensive as an up -front
cost. It is unfortunate for the Eborns that it was not in their plans however that is not a problem
to The Grove Subdivision and to the developers who spent a lot of up -front money. They should
put in their own pumps and have the same up -front costs to their subdivision.
• No problem with a single family or twin homes being built.
Holmes ask Ms. Mai - Ganske if the New Land Development property butts up to the Gryfinn Hollow
Subdivision's Mai - Ganske responded there is an area of undeveloped land in The Grove does meet with
Gryffin Hollow.
Alane Stucki lives at 14091 W Chubbuck Road. Agree with what has been said.
Concerns:
• Built in the area in order to have animals and quiet.
• Mr. Eborn bought the land from the Stuckis. The land was not sold to Mr. Eborn to resell to
someone else.
• In the beginning there was no talk of rentals .
• Reaching the age to possibly sell our 2 acres but the area having 18 to 20 units is a deterrent.
Roy Thompson lives at 1331 Sawtooth. Totally opposed to the project and agrees with everything that
has been said.
Concerns:
• If he would have known there was a possibility of duplexes he would have rethought the
purchase of his home.
Kevin Booth is with New Land Development and lives at 1330 Sawtooth.
Concerns:
• The agreement with the City when the Eborns built their subdivision was to build the pump
system to include Eborn's land at a substantial investment.
• The Grove was limited to one access onto Philbin Road. We were unable to have a second
entrance because it was too close to the intersection of Philbin Road and West Chubbuck Road
but the Eborns were allowed to put an entrance that is even closer to the intersection and will
add more traffic into the area when New Land Use Development was denied a second entrance
farther away from the intersection.
Carey Booth is with New Land Development. The intention with The Grove Subdivision was to build
affordable homes for families.
Concerns:
• Opposed to putting the unknown number of buildings so close to their subdivision.
1: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx 3
George Lucia lives at 14145 W Chubbuck Road. His land borders to the west and Mr. Ellis commented it
would be changed to commercial zoning. His land will never go commercial as long as he lives there.
Concerns:
• Guaranteed and promised by the City that there would be no apartments in this subdivision.
Mary Robison lives at 1461 Sawtooth, the last home on the street. Disagree with the plans.
Kim Hampson lives at 14051 W Chubbuck Road agree with all of the opposers.
Cheryle Loiselle lives at 10795 N. Philbin Road. Pasture buts up to the proposed land with an easement
road going down the side.
Concerns:
• Not enough room.
• Upkeep.
• Single or twin is feasible.
• Resell.
John Nicely lives at 1401 Sawtooth. He would like to echo what has already been said. The area feels like
country.
Anderson asked for any other public comment. No other comments.
Public Hearing was closed.
Josh Ellis made additional comments.
The individuals required to be notified because of the public hearing live within 300 feet of the proposed
project site.
There are 3 main roads in the City of Chubbuck; Hiline, Hawthorne and Philbin. Yellowstone is controlled
by the State and ITD. As soon as funding is available the Siphon interchange or the Philbin interchange
will be built. Homes change according to the traffic patterns. Traffic is increasing on Philbin Road and
West Chubbuck Road.
Twin homes can easily become rentals and there are quite a few in Chubbuck.
Clarification of number of homes that will be built is 18. Ellis will only be using the existing
infrastructure. The City requires you to make a good faith effort to have irrigation. Am willing to work
with the Booths but will not pay more then what is required based on an individual lot. Believe all the
requirements have been met and asked for approval from the commission.
Anderson brought the meeting back to the commission for discussion.
Burch asked for clarification from City staff for the other classification other than mixed use.
Andrus stated comprehensive plan designation is industrial and mixed use.
Anderson reminded the commission this is a recommendation to the city council for a zone change.
Nield commented that commissioners need to use some common sense in certain situations. It doesn't
make sense to change to R -4. Single dwelling homes are all around this proposed land and there is no
guarantee that this area will go commercial.
J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx 4
Buttars asked if it was feasible from a bottom line stand point to go back to original plans.
Ellis stated the decision shouldn't be based on a bottom line that is irrelevant.
Anderson asked when original plat was submitted.
Andrus answered that the original plat was never recorded in 2007.
Burch stated we need to be ordinance based. But in a land use situation the surrounding property
owner's voices need to be heard. Burch agrees with Nield that this just doesn't seem to fit. The
testimony of all of the surrounding property owners is significant to support and should probably be left
the way it is. Mixed Use does allow for that in the Comprehensive Plan but at a Land Use meeting
commissioners have to listen discriminately.
No other comments or discussion from the commissioners.
Anderson entertained a motion. This is a recommendation to the City Council to recommend approval
or denial of the zoning change. Nield made a motion to deny the change in zoning from R -2 Limited
Residential to R -4 Dense Residential. Burch seconded.
Roll Call Vote: Burch, Yes; Stoddard, Yes; Buttars, Yes; Mendenhall, Yes; Nield, Yes; Anderson; Yes.
Motion carries. The recommendation will go to City Council on June 25, 2013.
2. An application by Josh Ellis, 527 Taylor Avenue, Chubbuck, ID 83202, for Gryfinn Hollow
Subdivision Preliminary Plat located in the northeast quarter of the northeast quarter of section
8, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho.
Anderson asked Mr. Ellis if he wanted to move forward with the Preliminary Plat application.
Mr. Ellis chose to not move forward.
Anderson removed item #2 from the agenda.
All voted in favor. Motion carries
3. An application by Brittany Hill, 1600 Jade Drive, Pocatello, ID 83202 for a Conditional Use Permit
for a child care center in an industrial zoned area located at 224 Evans Lane, Chubbuck, ID
83202.
Brittany Hill was here representing the application.
Brittany Hill lives at 1600 Jade Drive, Pocatello, ID 83202. Their current daycare is located at 4741 South
Afton Place which is no longer large enough. The space on Afton is 1300 sq feet whereas Evans Lane has
2200 sq ft. Having separate rooms will help the day care be more structured. There is less traffic on
Evans Lane.
Anderson asked what kind of fence was between the proposed site and the construction yard.
Hill explained it is an existing chain link fence.
Anderson asked if there are any questions from commission.
J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.11dou
Holmes verified that the police and fire have inspected.
Hill explained there is one window being changed and that the Health inspector had also been to the
proposed site for a preapproval.
Anderson asked for City staff comments.
Andrus explained the application is before us tonight because it is conditionally permitted in an
industrial zone. No concerns from city staff.
No questions from commission for City staff.
Anderson opened the Public Hearing for public comment.
No public comments. Public hearing was closed and brought back to the commission.
Anderson reminded the commission the decision stays with them for approval or denial.
Anderson asked if the commissioners had any questions for the applicant.
Mendenhall asked for the condition of the fenced in area.
Hill explained it is black top. Play yard padding has been purchased for % of the area the second %2 will
stay asphalt for tricycles.
Burch made a motion to grant a Conditional Use Permit to the child care center located at 224 Evans
Lane with the only condition that they meet the existing day care ordinances as required by the City of
Chubbuck. Mendenhall seconded.
Roll Call Vote: Burch, Yes; Stoddard, Yes; Buttars, Yes; Eborn, Yes; Mendenhall, Yes; Nield, Yes;
Anderson; Yes. Motion carries.
4. Consider proposed ordinance amending 18.08.040A to permit childcare centers in industrial
areas rather than conditionally permitting them.
Anderson asked for comments from City staff.
Andrus stated they have no concerns and that this is a good use.
Anderson asked for questions from commission for City staff. No questions.
Public Hearing was opened for public comment.
No public comments.
Public Hearing was closed and brought back to the commission.
Anderson reminded commission that this is a recommendation to City Council asking for any comments
from commission.
Mendenhall has serious reservations because any type of day care can go in an industrial area when
some industrial areas should not have a day care anywhere near it.
Anderson entertained a motion.
Burch made a motion for recommendation to City Council to approve ordinance 18.08.040A.
Anderson stated the motion died for lack of a second.
1: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx 6
Burch stated Chubbuck child and day care ordinances are top notch. Police, fire and health department
have to inspect and approve with a very detailed check list. A day care will not survive in an unsafe area.
Neild commented from a business stand point we cannot police everything. Agrees with Burch regarding
the check list and a daycare business in an unsafe area will not make it.
Stoddard stated if the system allows a day care in an industrial area they have to go thru the same
process as today, a Conditional Use Permit. Current system seems to be working so why change.
Stoddard asked how often a Conditional Use Permit been requested in an industrial area for day care
centers.
Andrus knows of 2 but the difficulty here is the permit is granted to the individual not the address.
Smart pointed out that a dance studio is permitted in industrial areas.
Anderson stated the police and fire need the authority to view the surrounding business regarding
safety.
Nield mentioned a Conditional Use Permit can be given to a day care center and then 1 week later a
construction company can move in next to it.
Holmes said our police are very diligent on what is surrounding a day care. The motion for approval can
be with the concern to relook at the day care ordinance.
Burch suggested getting police and fire at a Land Use meeting to inform the commission what they do
during inspections.
Mendenhall made a motion to recommend to City Council the denial of proposed ordinance 18.08.040A
permitting child care centers in industrial areas rather than conditionally permitting. Eborn Seconded
Roll Call Vote: Burch, No; Stoddard, Yes; Buttars, Yes; Eborn, Yes; Mendenhall, Yes; Nield, No; Anderson;
No. Motion carries.
GENERAL BUSINESS
Anderson welcomed Dan Stoddard to the commission.
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.
Andrus explained Rockwell Development has asked for a waiver in accordance with the code section
18.08.040B that was passed a couple of months ago. It allows single family homes to be built on twin
home lots as long as they make the set - backs.
Holmes explained the ordinance we had was not followed and 6 building permits were issued on smaller
lots. There is a waiver process now to be able to build a single family home on zero lot line as long as the
set -backs are met.
Burch commented with no representation from Rockwell Development to postpone this decision until
next month.
Anderson agrees with Burch.
Andrus stated the requirement was to submit a waiver. Rockwell Development was not told he needed
to attend.
J: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx
Mendenhall made the recommendation to table General Business item #1 until next month so the
applicant can be present. Nield seconded. Motion carries.
2. At their regular meeting on May 28, 2013 the City Council approved the reappointment of
Rodney Burch to seat 1 on the Land Use Commission Board. Mayor England appointed Dan
Stoddard to fill seat 2's vacancy for the Land Use Commission Board and the City Council
approved. Both appointments will be 4 year terms.
3. Elect commission Chair for the year.
Mendenhall made a motion for Pete Anderson to retain the position of Chair for the Land Use
Commission from June 1, 2013 to May 31, 2014. Eborn seconded. Motion carries.
4. Elect commission Vice -Chair for the year.
Nield made a motion to retain Jason Mendenhall for Vice -chair from June 1, 2013 to May 31,
2014. Burch seconded. Motion carries.
Anderson entertained a motion to adjourn; Eborn made the motion. Niel eTr d "kd. All voted to
adjourn at 8:36 p.m. �j
I 9=W — 1 9 _U
Pee Anderson, Chairman
i�
Ran Ile Simmons, Secretary
1: \Planning \LUDC \LAND USE SECRETARY \Minutes \Minutes 2013 \Land Use Meeting 6.4.13.docx 8