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HomeMy WebLinkAbout006.14.16 City of Chubbuck Land Use and Development Commission Meeting Minutes June 14, 2016-7:00 pm Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, Chairman Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard,Jay Buttars, Brady Smith, Russ Armstrong, Carrie Holm, and Bryan Nield. City Staff: Public Works Director: Rodney Burch, City Planner: Paul Andrus. Attorney:Tom Holmes. Administrative Assistant: Ranelle Simmons Chairman Mendenhall called the meeting to order at 7:00 pm. Mendenhall asked if any commissioners had a conflict of interest within the items before the board tonight. Buttars withdrew from items 6, 7, and 8. Mendenhall led the commission in the Pledge of Allegiance. APPROVAL OF THE MINUTES: May 10, 2016 Mendenhall entertained a motion to approve the minutes as mailed. In item #1 it should be West Chubbuck Road not east. Schwartz moved the minutes of May 10, 2016 meeting be approved as mailed with the correction; Armstrong seconded.The full authority approved. • Item 5 should be Division 8.This will need to be republished for July's meeting. • Items 6, 7 and 8 will be revisited tonight because there were residents in the required 300 foot radius that were not notified in April by the applicant. PUBLIC HEARING: 1. An application by Gary Wayne Fallis Jr., 909 East Chubbuck Road, Chubbuck, ID. 83202 for a Conditional Use Permit for a Major Home Occupation for a floatation therapy business. Wayne Fallis and Joy Bishop, 909 East Chubbuck Road were in attendance representing the application.A power point presentation explaining floatation therapy was shown to commission.There is a higher filtration system on the therapy tub than hot tubs and pools. Questions from commission: • Where would parking for customers be? Fallis: Circular driveway not on the street. • Are there regulations or is licensing required? Fallis: Talked to the State and there aren't any. • Operating hours? Fallis: 10:00 am to 10:00 pm • Anticipated customer flow? Fallis: One customer every two hours is what is planned. Customers shower before and after the therapy treatment, leaving 90 minutes for them to float No additional questions from commissioners. No additional information from staff. Mendenhall opened the public hearing. Naida Black, 4741 Mountlake Street. Opposed to a business in a residential area.Applicant has a number of cars in their driveway now,what are they going to do with those? Nicki Taysom,4966 Yellowstone Avenue. Opposed. Others have been turned down with similar applications, stay consistent. J:\Planning\LUDO\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 1 Mendenhall closed the public hearing bringing the meeting back to the commission. Applicant was asked to explain the cars that are currently in his driveway. Fallis: Estimate is 9 cars and he is planning on selling some of them. Questions and comments from commission: • City staff was asked if there are restrictions on operating hours in a residential area. Andrus:there is no code for how late a home occupation can be operating. • Will they have any employees? Fallis: Not at this time. • Applicant anticipating more tubs? Fallis: Not at this time • Expansion? Fallis: Would like to move into a commercial building but to get a business loan there needs to be 2 years of experience. • Has Fire Department approved the business being in the basement? Fallis: Fire Department has not been notified. • Signage? Fallis: Sign will be a 2' x 2' on the side of the house. Andrus informed commission that he considers this application a major home occupation same as home day care, 1 chair hair salon or a massage therapist. Applicant could not get all the signatures from surrounding residents so a Conditional Use Permit needs to be approved for him to move forward. When the applicant applies for a business license all the department heads will need to approve. Building Official and Fire Marshal will inspect the home. Mendenhall entertained a motion. Nield moved to recommend approval of the application with the stipulation of only 1 tub in the home and no more than 2 parked cars during business hours, along with compliance of city codes and staff requirements. Buttars seconded. Roll call vote: Mike Schwartz, Yes; Dan Stoddard, No;Jay Buttars, Yes; Brady Smith, No; Russ Armstrong, Yes; Carrie Holm,Yes; Brian Nield, Yes;Jason Mendenhall, Yes. Motion is approved. If anyone would like to appeal this decision to City Council they have 25 days. 2. An application by Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for zoning change to Commercial (C-2)for all of the proposed Patriot Square Commercial Subdivision. Located in Northeast 1/4 of Section 10,Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock.This property is located south of East Chubbuck Road,west of Branson Drive and east of the railroad tracks. Cardon Payne, 132 South 15th Pocatello is representing the application. Currently zoned Limited Residential (R-2) on the east side, General Commercial (C-2) in the middle and Industrial (I) on the west. Requesting that the area only be 1 zone. Questions and comments from commission: • Staff report mentions the industrial zoned area is platted as residential lots. Andrus:That is an old plat done many years ago. • Is the right-of-way city owned? Burch: Yes No comment from city staff. Mendenhall opened the public hearing. Nicki Taysom, 4966 Yellowstone Avenue. Neutral. What ordinances and codes will be enforced? George Bishop, 478 Chickadee Drive.Will Chickadee Drive be a back entrance to the property? J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 2 Mendenhall closed the public hearing bringing the meeting back to the commission and asking the applicant to address the Chickadee Drive question. Payne: Both main entrances are off East Chubbuck Road with only 1 entrance off of Branson Drive. Mendenhall entertained a motion for recommendation to City Council. Schwartz moved to approve the zoning change as applied. Nield Seconded. Roll call vote: Dan Stoddard, Yes;Jay Buttars,Yes; Brady Smith, Yes; Russ Armstrong,Yes; Carrie Holm,Yes; Brian Nield,Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. 3. An application by Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for the Preliminary Plat for Patriot Square Commercial Subdivision. Located in NortheastY4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock.This property is located south of East Chubbuck Road,west of Branson Drive and east of the railroad tracks. Cardon Payne, 132 South 15th Pocatello. 2 lots on the north end of the plat and 2 lots on the south side of East Chubbuck Road will be dedicated to the city right-of-way. Branson Drive will have a new approach onto the property. Eagle Drive is being vacated along with other utility easements that are on the property and not being utilized. Professional business offices along with businesses will be built on the property. Questions and comments from commission: • Has the building been started? Burch:The applicant purchased a single lot and was platted for a single lot subdivision. It was approved. They have submitted an application for a building permit to build on the single lot.They have since bought the remaining property around the single lot. • Where will the turn-a-round be located? Burch: On the applicant's property inside of the plat on the south end of Eagle Drive. Mendenhall opened the public hearing. Nicki Taysom,4966 Yellowstone Avenue. Is Eagle Drive a city easement? Will they be required to pay for the easement?Will this be a TIFF district? City staff answered her questions: Yes, Eagle Drive is a city right-of-way.There is no anticipation for them to pay to vacate Eagle Drive because it is platted but undeveloped land.There are no plans to put this in a TIFF District. Mendenhall closed the public hearing bringing the meeting back to the commission. Burch stated for clarification:This property is not going to be a TIFF district but it does lie inside the existing Urban Renewal Area. City believes it is a tagged property. Mendenhall entertained a motion. Smith moved to approve the preliminary plat for Patriot Square Commercial Subdivision with the staff recommendation to provide a permanent turn-a-round at the end of Eagle Drive. Nield seconded. Roll call vote: Jay Buttars, Yes; Brady Smith,Yes; Russ Armstrong, Yes; Carrie Holm, Yes; Brian Nield,Yes; Mike Schwartz,Yes; Dan Stoddard,Yes;Jason Mendenhall, Yes. Motion passes. 4. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon, ID 83406 for the Preliminary Plat for Brookstone Estates Division 7 located in the SoutheastY4 of Section 5,Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock.This property is located north of West Chubbuck Road and west of Philbin Road. Kurt Roland, Eagle Rock Engineering, 1331 Fremont Avenue, Idaho Falls, Idaho is in attendance representing the application. 22 lot subdivision with an access that City Council requested onto West Chubbuck Road next to Lamar Street. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 3 Questions and comments from commission: • What is the plan for curb and gutter on Lamar Street? Roland: Curb and gutter will be on both sides of the road. • The plat shows an 8' swale, is that correct? Burch:The Swale should be a 9' section.This will be taken care of in the design phase. • Has this property been annexed? Burch: yes • Will a larger park be built? Burch:They have resubmitted a Master Plan and have identified the park on the north end of this property. Lot 1, Block 8,will not be dedicated to the city. Mendenhall opened the public hearing. Ginny Acevedo, 14456 West Chubbuck Road. Lives on the corner of West Chubbuck Road and Lamar Street. She is neutral regarding this development. Will the development go to their property line?The property behind them sits higher than their land so there are drainage ditches to catch the overflow when irrigating. Concerned with standing water in the swale next to their property line. Will there be a wall built along their entire property line? Mr. Spencer, 14560 West Chubbuck Road. He did not get a notification in the mail. Staff explained that for plat applications there are no mailings sent to residents. Only the sign, newspaper and the bulletin board at City Hall are ways to know there is a Notice of Public Hearing. Nicki Taysom,4966 Yellowstone Avenue. Opposed. Ordinance changes that have been made are wrong. Mendenhall closed the public hearing bringing the meeting back to the commission. Questions and comments from commission: • Is Cash in Lieu an option for the park in this subdivision? Burch: It is an option, but in this application they intend to make a larger park. • To Roland—Will the development be up to the boundary of Acevedo's property? Roland:The entrance will be landscaped on both sides of the entry way with grass and trees. All the drain swales will be French drains. • When the residents on the west side of Lamar Street flood irrigate it comes across the road and fills the ditch. A French drain is not going to handle the water.The residents that front on Chubbuck Road east of Lamar Street use that ditch for their irrigation source. Roland: No irrigation will be cut off. Ginny Acevedo, 14456 West Chubbuck Road. Will there be a brick wall along the property lines like there is farther east between the subdivision and the farm land? Roland:The home owners will need to build their own fences. • Who will maintain the grass and landscaping? Roland: Home Owners Association Mendenhall entertained a motion. Stoddard moved to approve the preliminary plat as presented with a recommendation that the developer have meetings with adjacent property owners to address questions directly. No second, motion dies. Armstrong moved for approval of the application but with consideration given to the run-off water on the west of Lamar Street and recommending developer have communication with the home owners. Schwartz seconded. Roll call vote: Brady Smith,Yes; Russ Armstrong,Yes; Carrie Holm,Yes; Brian Nield, Yes; Mike Schwartz,Yes; Dan Stoddard, Yes;Jay Buttars, Yes;Jason Mendenhall, Yes. Application is approved. 5. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon, ID 83406 for the Preliminary Plat for Brookstone Estates Division 7 located in the Southeast 1/4 of Section 5,Township 6 South, J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 4 Range 34 East of the Boise Meridian in the County of Bannock.This property is located north of West Chubbuck Road and west of Philbin Road. Not heard because of it should read Division 8. 6. An application by Christopher Petersen,4812 Navaho, Pocatello, ID 83204 for annexation into the City of Chubbuck the proposed Integrity Estates Subdivision located in Northwest 1/4 Section 4, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock. South of Jake and Hunter Avenues. Christopher Petersen, 4812 Navaho, Pocatello, Idaho was in attendance representing the application.To the south is West Chubbuck Road,to the west is Philbin Road. No questions or comments from commission. Any additional information from staff? Andrus stated the application meets all city requirements. Questions for city staff: • What happens to last month's meeting minutes? Holmes:technically you are starting over. • Could there be a motion to include May's minutes with this meeting's minutes? Holmes:yes • Is there only 1 entrance for 36 homes? Andrus: Yes Mendenhall opened the public hearing. Tom Nield, 5060 Constitution. What homes can be built in R2? Andrus: Limited Residential (R-2)will allow single family dwelling with 10%duplexes. But the proposal is for single family homes only. Nicki Taysom.4963 Yellowstone. Opposed because of the same previous reasons. Meeting brought back to commission for a recommendation to city council. Mendenhall entertained a motion. Schwartz moved to approve the annexation of the proposed Integrity Estates Subdivision with the condition that we include minutes from the May 10, 2016 meeting. Smith seconded. Roll call vote: Dan Stoddard, Yes; Brady Smith,Yes; Russ Armstrong,Yes; Carrie Holm,Yes; Brian Nield, Yes; Mike Schwartz,Yes;Jason Mendenhall,Yes. Motion is approved. 7. An application by Christopher Petersen,4812 Navaho Pocatello, ID 83204 for zoning of the proposed Integrity Estates Subdivision located in Northwest%Section 4, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock to change from Bannock County Agricultural (AG) to Limited Residential (R-2)to be in Compliance with the Comprehensive Plan. Christopher Petersen 4812 Navaho, Pocatello, ID was in attendance representing the application. Major discussion at the May meeting was changing from Agricultural (A-G)to Limited Residential (R-2).The homes surrounding the property are Single-family Residential (R-1).The preliminary plat is designated for single family homes only. Andrus,there are 2 lots that don't meet the size requirement for Single-family Residential (R-1). One is deficient by 16 square feet and the other is deficient by 6 square feet. Questions and comments from commission: • City staff will not allow Petersen to designate it Single-family Residential (R-1) even if he wanted to? Andrus: Correct,there are 2 reasons first the Comprehensive Plan calls for medium density residential which is Limited Residential (R-2) and General Residential (R-3) designations. Second is that there are 2 J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 5 lots that are inches smaller than a Single-family Residential (R-1) lot and they are asking for single family dwellings. • Is there a technicality that they could change the type of dwellings that goes on these lots to multi- family? Andrus: no,they would have to reapply and redo this process. Mendenhall opened the public hearing for the zone change. Nicki Taysom 4963 Yellowstone. Opposed, needs to be both egress and ingress for fire safety.There should be no development unless the lot is Y2 acre in size. Ammique Dayley, 5037 Constitution Avenue.There needs to be 2 outlets, one off of Philbin Road. In 2005 a traffic study was done. In favor of doing another traffic study. 2005 minutes talked about a sewer lift station. Will one be built?What covenants will be in place?What will happen with property taxes? Hammerhead turn-around is a concern. Tom Nield, 5060 Constitution Avenue.This is a substantial amount of traffic. Change should be organized in a well-defined way. Need to combine the 2 smaller lots into 1 lot. Bringing sewer lines between homes is strange. Phillip Christiansen, 5061 Constitution Avenue. Land Use in 2005 minutes stated the previous subdivision will be an annexation and zone change to Single-family Residential (R-1) which differs with the Comprehensive Plan. Are there zero lot line homes allowed in Limited Residential (R-2) or General Residential (R-3)? Burch: Again up to 10% if declared on the application. Andrus: For a multi-family or zero lot line homes it would need to be declared on the Preliminary Plat. Holmes asked Andrus to clarify the future plan for a park and a second access road. Andrus:The Comprehensive Plan calls for a park in that vicinity in the future.The plan is to build a park west of this property and the Comprehensive Plan shows a road north of the canal that would go on out and roads that will go out to Philbin Road and West Chubbuck Road. Vess Pearsen, 5021 Liberty Avenue.There needs to be another access road off of Philbin Road. Road needs to be wider. Karen Nield, 5060 Constitution Avenue. Homes should stay the same as the ones that were built earlier. Danny Harry, 1065 Petersburg Drive. Reiterating the points already made. Mendenhall closed the public hearing bringing the meeting back to the commission, reminding commission this is a recommendation to City Council. Questions and comments from commission: • Application are brought to the city by the developer and the mailings are also provided by them. • Developer is proposing single family homes now but if it doesn't develop a new developer could come in with different ideas. There is a fine line here. • Did the Land Use commission make an exception in 2005? Burch: Believe that they did.The Comprehensive Plan had the same designation in 2005.The applicant applied for Single-family Residential (R-1). As staff and in an effort to be in compliance as much as we can with the Comprehensive Plan we suggested he applied for Limited Residential (R-2). • Do we have the authority to make an exception? Burch:The Comprehensive Plan is a guiding document, it is not the law. • Is it possible to change the lot size and make it Single-family Residential (R-1) designation? Burch:Very easily. • A few years ago Brookstone Subdivision built a zero lot line home without bringing it to the commission beforehand.The commission had to approve it later because it was already being built. Concerned that this could happen again. J:\Planning\LUDO\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 6 Andrus: What Brookstone did was take twin homes, separated them and made them single family homes. Burch: Why not ask the applicant if he will change his request to Single-family Residential (R-1)? Holmes: We are supposed to follow the Comprehensive Plan at this level. Andrus: Single-family Residential (R-1) and Limited Residential (R-2) both allow 10%duplexes. Mendenhall entertained a motion. Armstrong moved to recommend denying the application. No second, motion dies. Questions and discussion from commission: • Question for Holmes. If we have a motion for denial the board has gone against the Comprehensive Plan and ordinances? Holmes:Yes and against a developer that has met every requirement that we have imposed on him from city code and staff. • The motion would have to find just cause for denial. • We are making assumptions on what is best and what is worst.That could be discrimination. Burch: Offering a point of clarification. Single-family Residential (R-1) and Limited Residential (R-2), both allow multi-family, zero lot line homes, and twin homes.The only difference between them is Single- family Residential (R-1) minimum lot is 7,000 square feet, Limited Residential (R-2) minimum lot size is 6,000 square feet. Mendenhall entertained a motion. Stoddard moved to recommend approval of the zoning change. No second, motion dies. Mendenhall let Nield ask the applicant a question. If we deny this Limited Residential (R-2)will you come back with a Single-family Residential (R-1) so we can approve it? Petersen: Yes Nield moved to recommend to deny the application as Limited Residential (R-2) zoning. Armstrong seconded. Roll call vote: Brady Smith,Yes; Russ Armstrong,Yes; Carrie Holm,Yes; Brian Nield, Yes; Mike Schwartz,Yes; Dan Stoddard, No;Jason Mendenhall, No. Motion to deny the application is approved. 8. An application by Christopher Petersen,4812 Navaho Pocatello, ID 83204 for the Preliminary Plat for Integrity Estates Subdivision located in Northwest 1/4 Section 4,Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock. South of Jake and Hunter Avenues. Christopher Petersen,4812 Navaho is in attendance to represent the application. Chris pointed out on the map the 2 parcels that are too small for Single-family Residential (R-1). Sewer easement with 2 homeowners on Constitution Avenue falls within city standards. With the sewer easements basements can be built. Only proposing single family homes with no desire to build twin homes.The city has required that a non-active irrigation line be put in place at each of the homes so when further development occurs the homes will have Fort Hall irrigation. Hammerhead turn-around will be allowed to be removed when the street goes thru. Applicant has not been required by the city to build a second access road. Fire department has approved that this is a safe access for up to 90 homes.There can be an additional 30 something homes built before an access road is required by city ordinance. A park will not be built but Cash in Lieu money will be given to the City of Chubbuck to put into another park. Questions and comments from commission: • Does the length of the hammerhead meet code? Burch: It does. It is less about the length of the street and more about the number of homes on that street that dictates the requirement. No additional information from staff. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 7 Mendenhall opened the public hearing. Geri Hernandez,4961 Constitution Avenue. In favor of the proposal. Nicki Taysom,4963 Yellowstone Avenue.Against the application because of egress and ingress. Tom Nield, 5060 Constitution Avenue.This is being developed in an unreasonable way.There should be a second road. Phillip Christiansen, 5061 Constitution Avenue. How is the amount that is paid for the park decided? Burch: It is an assessed value of the amount of property that they would be required to donate.There is a formula that is followed. Mr. Christiansen can ask for a record request from the city clerk. Christiansen: An exception was made in 2005 and should be made again. Ammique Dayley, 5037 Constitution Avenue. Recommendation to commissioners is that in the future inform what the board's job is before the meeting starts to help attendees understand that decisions are made according to ordinances. Need another access. Mendenhall closed the public hearing. Meeting was brought back to commission. Mendenhall entertained a motion. Nield moved to recommend approval of the preliminary plat.Stoddard seconded. Roll call vote: Brady Smith,Yes; Russ Armstrong,Yes; Carrie Holm,Yes; Brian Nield,Yes; Mike Schwartz,Yes; Dan Stoddard,Yes;Jason Mendenhall,Yes. Motion is approved. GENERAL BUSINESS: 1. Discuss amended ordinance 16.12.025 Holmes explained that the City Council is going to consider a litigation on Whitaker Road.The access management guidelines were found to be deficient.To amend the access management part of the ordinance Holmes would like to publish for the July Land Use meeting this proposed ordinance change. Whitaker Road is designated a minor arterial road. Burch:This document closes a loop hole for that street designation no matter where the minor arterial road is in the city. Board approved moving forward with a public hearing in July. Mendenhall entertained a motion to adjourn; Nield made the motion. Schwartz seconded.All voted to adjourn at 9:45 pm. gason Mendenhall, Chairman Ran-Ile Simmons,Administrative Assistant J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\006.14.16.docx 8