HomeMy WebLinkAbout010.13.15City of Chubbuck
Land Use and Development Commission Meeting Minutes
October 13, 2015 - 7:00 p.m.
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, on October 13, 2015.
Chairman Jason Mendenhall: Commission Members: Mike Schwartz, lay Buttars, Brady Smith, Russ
Armstrong, Todd Blackinton, Pete Anderson, and Bryan Nield. City Staff: Rodney Burch, Paul Andrus.
Attorney: Tom Holmes.
Chairman Mendenhall called the meeting to order at 7:00 pm.
Blackinton led the commission in the Pledge of Allegiance.
Mendenhall asked if any commissioners had a conflict of interest within the items before the board
tonight. Smith has a conflict on item #1.
APPROVAL OF THE MINUTES:
Mendenhall entertained a motion to approve the minutes as mailed. Schwartz moved the minutes of
September 8, 2015 meeting be approved as mailed; Blackinton seconded. The full authority approved.
PUBLIC HEARING
An application by Ellis Construction Lifestyle Homes, 4470 Wasatch Street, Chubbuck, Idaho
83202 for Park Meadows 14th Addition Preliminary Plat. Located in South East % of the North
West % of Section 9, Township 6 South, Range 35 East of the Boise Meridian in the County of
Bannock.
Mitchel Greer, Rocky Mountain Engineering and Survey, 2043 East Center Pocatello, ID 83201 was in
attendance to represent the application.
This is a scaled down version of the original approved proposal which was Park Meadows 10th Addition.
It includes 7 twin home units.
No comments or questions from commission.
Burch informed commission that the previous application had expired and these are zero lot line
residential lots, not single family lots.
Mendenhall opened the Public Hearing.
Deloy Stuart 767 Monika Court, Chubbuck, ID Stuart is the executive director for the Contractor's
Association of Southeast Idaho. There is a need for building lots in Chubbuck. Builders are going
elsewhere to build because of lack of lots. Please approve.
Steve Ryon 649 Dell Road, Chubbuck, ID 83202 Ryon asked for clarification of location.
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\010.13.15.docx
Mendenhall closed the Public Hearing, bringing the meeting back to the commission. This is a
recommendation to the City Council.
Mendenhall entertained a motion.
Nield moved the application be approved for the preliminary plat for Park Meadows 14th Addition based
on the legal description. Buttars seconded.
Roll Call Vote: Schwartz, Yes; Buttars, Yes; Armstrong, Yes; Blackinton, Yes; Anderson,
Yes; Nield, Yes; Mendenhall, Yes. Motion carries.
2. Consider proposed ordinance of the City of Chubbuck amending section 18.12.030 (A) of the
Chubbuck municipal code adding limits and guidelines on an accessory structure in a residential
area.
Rodney Burch Public Works Director for the City of Chubbuck represented the application.
The proposed ordinance had the language changed starting in 5 and a., b., and c.
5. An accessory structure in a residential or residentially zoned area shall:
a. Not exceed the maximum height, measure at the peak of the roof, allowed in that
zoning district;
b. Not exceed 40% of the total lot area, when combined with the primary structure;
C. Shall be similar to the primary structure in construction methods and materials and have
a complimentary appearance as determined by the Design Review Committee.
This section shall only apply to an accessory structure greater than Two Hundred square feet and shall
require a building permit be issued after review by the Design Review Committee for conformity with
this section.
Burch summarized the changes for commission.
Blackinton asked for clarification that the concern that an accessory structure may be turned into a
commercial business is not addressed in the ordinance change. Burch explained any use needs to
comply with the zoning that that parcel lies within. Zoning controls still apply.
Holmes commented that a business in a residential area would be a home occupation and there are
restrictions. Typically the city would respond to a complaint.
Nield asked if there was already a code in place that addresses "a". Burch stated there is and it varies by
zone. This is by definition of an accessory structure by adding strength to that.
Mendenhall opened the Public Hearing.
Deloy Stuart lives at 767 Monika Court, Chubbuck, ID. Benefit to be able to store belongings in their
shops. Codes are in place to stop businesses being run out of the shops. Most subdivisions have
Restrictive Covenants that don't allow big shops.
Nick Jensen lives at 11052 Deer Ridge Loop, Pocatello, ID 83201. Nick is owner of Spring Creek Homes.
As a contractor and developer would this change in ordinance open the door to more restrictions?
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\010.13.15.docx 2
Doug Briscoe lives at 5344 Kymball Avenue, Chubbuck, ID. Doug owns a shop that is not big enough.
There is no issue now so why start making it easier for more restrictions. This restriction is not
necessary.
Steve Ryon lives at 649 Dell Road, Chubbuck, ID 83202. Agree with the other comments.
Kris Long lives at 608 Nathan Lane, Chubbuck, ID 83202. This issue is a non -representative government
and an illustration of the wrong way to do this. Should have found out how the citizens felt.
Jack Hilby lives at 5414 Canterbury Street, Chubbuck, ID 83202. From his window he can see the 2 huge
garage shops. Residential area should not be allowed to have apartments above the shops. Hilby is
disappointed that the suggestions in previous meetings from attendees were not taken into
consideration.
Dan Fernandez lives at 837 Dell Road, Chubbuck, ID. He has built a shop on Dell Road that holds his
belongings that would otherwise be out where neighbors could see them.
Andrew Stoddard lives at 588 Taylor Lane, Chubbuck, ID. This should be handled by the covenants for
that neighborhood. Anderson asked Stoddard if he would be willing to file a law suit against his
neighbor. His answer was no.
Mendenhall closed the Public Hearing bringing the meeting back to the commissioners. Mendenhall
reminded commission that the decision is a recommendation to the City Council.
Anderson stated that covenants are good as long as the developer enforces them. Older neighborhood
may not even know if a covenant exists. The city cannot enforce covenants. After 5 months of discussion
the ordinance that has been drafted is very fair and lenient. This is strictly controlling the use of the lot.
Nield agrees it is a fair ordinance but control through an ordinance is not what government should do.
Why add additional controls to the homeowner.
Burch stated the city has no effort to inform or enforce restricted covenants. It is totally up to the
homeowner and homeowner association whether it is active or not. Covenants are recorded with
Bannock County. The developer acts as the controlling entity in the restrictive covenants until he has
sold his last lot because he is protecting his investment.
Anderson stated the shops already built are grandfathered in.
Nield commented that the reason this ordinance is in front of the board is because of a few citizens not
the majority. If a citizen meets the current code he should be able to build what he wants in his
backyard.
Anderson made a motion that the board recommends to the City Council the approval of the adoption
of this ordinance. No second.
Nield made a motion that the board does not recommend this ordinance be passed. Buttars seconded.
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\010.13.15.docx
Roll Call Vote: Schwartz, Yes; Buttars, Yes; Smith, Yes; Armstrong, Yes; Blackinton, Yes;
Anderson, No; Nield, Yes; Mendenhall, No. Motion carries.
Holmes reminded those in attendance that City Council has the final say.
GENERAL BUSINESS
1. Discuss 18.08.040 (A), Land Uses by Districts in the Chubbuck municipal code.
Mendenhall asked for changed or comments regarding the matrix.
Holmes explained that this defines what zones the businesses can be in. If it is not on the matrix the
application becomes a Conditional Use Permit.
After discussion among the board members Mendenhall tabled the discussion to the next meeting so
corrections and suggestions can be added to the matrix.
2. Review the changes to Chapter 12 and 13 in the Comprehensive Plan.
Chapter 12 Objective 1.1 c. was discussed.
Chapter 13 Regional Vision Statement was discussed removing have sufflegent funds te.
Chapter 13 Objective 1.3 c Middle School and High School locations changed to west side of Chubbuck.
Andrus let commissioners know that Association of Idaho Cities is offering training here in Chubbuck on
November 19 at Idaho Central Credit Union on Central Way.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Nield seconded. All voted to
adjourn at 8:20 pm.
.1 6�'a
ason Mendenhall, Chairman
b
Raolle Simmons, Administrative Assistant
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\010.13.15.docx