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HomeMy WebLinkAbout007.12.16City of Chubbuck Land Use and Development Commission Meeting Minutes July 12, 2016 - 7:00 pm Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, on July 12, 2016. Vice Chairman Dan Stoddard: Commission Members: Jay Buttars, Brady Smith, Russ Armstrong, and Carrie Holm. Public Works Director: Rodney Burch, City Planner: Paul Andrus. Attorney: Tom Holmes. Administrative Assistant: Ranelle Simmons Vice Chairman Stoddard called the meeting to order at 7:03 pm. Stoddard led the commission in the Pledge of Allegiance. APPROVAL OF THE MINUTES: Stoddard entertained a motion to approve the minutes as mailed. Smith moved the minutes of June 14, 2016 meeting be approved as mailed; Buttars seconded. The full authority approved. PUBLIC HEARING 1. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon, ID 83406 for the Preliminary Plat for Brookstone Estates Division 8 located in the Southeast % 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 in attendance representing the application. Roland, this is an 11 lot subdivision. Very straight forward application. Questions from commission: • The turnaround being installed on the east side is in the Sunset West subdivision. Has this been approved by the owner of Sunset West? Roland, No • What will happen with utilities by the turn -around? Burch, we will get them as close to the property line as we can. A hammerhead turn -around could also be built on Rockwell property. Comments from staff: • Burch, on the staff report there are 2 conditions, secure an easement from Sunset West's owner for the turnaround and secondary irrigation pump station be constructed as part of this division. City staff met with the owners of Sunset West and Rockwell Development and they are going to partner on the pump station to be constructed in 2017. Division 8 will be constructed in the spring of 2017. Staff would like the motion to include that the irrigation booster station be built in 2017 and secure the easement. Stoddard opened the public hearing. Nicki Taysom, 4963 Yellowstone Avenue, Pocatello, ID. Opposed. Applications should not be approved until everything is in place. What happens with the secondary irrigation? Burch, secondary irrigation will be dedicated to the city. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\007.12.16.docx Stoddard closed the public hearing. No questions or comments from commission. Stoddard entertained a motion. Armstrong moved to recommend approval to the City Council the proposed plat with the 2 conditions listed on the staff report. Smith seconded. Stoddard restated for the record that the motion is to recommend approval to the City Council for this application with the recommendation of city staff that the secondary irrigation pump station be constructed as part of this division and be located near the canal with appropriate easements for easy irrigation water access. That an easement be secured from the adjacent property owners for the easterly turnaround. Roll Call Vote: lay Buttars, Yes; Brady Smith, Yes; Russ Armstrong, Yes; Carrie Holm, Yes; Dan Stoddard, Yes. Motion passes. 2. Consider proposed ordinance amending section 16.12.025, Access Management, to clarify the application of the guidelines. Stoddard asked if anyone has a conflicts of interest. Yes Carrie Holm. Holmes, the ordinance is to clarify the guidelines because now the Access Management only refers to commercial and multi -residential developments of more than 100 units. It is important to not have access points onto roads that could cause accidents. West Chubbuck Road is an example along with 17th street in Idaho Falls. Burch would like a study done of our road classification which would take probably 2 years to complete. The City Council has adopted the emergency ordinance and it is only valid for a limited amount of time. This ordinance will not impact Andrew Briscoe property because that is governed by the court action. There are other areas in the city, not just Whitaker Road, that we want limited access. Smith asked if this applies to the homes with direct frontage. Holmes, the emergency ordinance adopted by the city along with the development agreement with the developer does apply to most of the properties on Whitaker Road and prohibits that access. Burch, this is not intended to take away existing accesses on Whitaker Road but too limit additional accesses. Andrew Briscoe acquired title to the property prior to the execution of the development agreement making him exempt from that agreement. The judge declared that the Access Management as written does not apply to residential areas. This ordinance places the Access Management Guidelines on all of the city streets notjust commercial roadways. Armstrong noted that if this is applying to all streets why is Whitaker Road specifically mentioned in the ordinance? Burch, because of ongoing and potential immediate litigation opportunities there. Burch discussed the Access Management Guidelines from Bannock Transportation Planning Organization. Stoddard opened the Public Hearing. Nicki Taysom, 4963 Yellowstone Avenue, Pocatello, ID. Opposed. Under handed things going on here. Everyone in the city should have been notified of the public hearing. 1:\P1annin9\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\007.12.16.doa Michelle Mitchell, 5285 Kymball Avenue, Chubbuck, ID. Mitchell supplied the commission with photos of other accesses in the city limits. Opposed, unhappy about the certified letter they received. Guilt by association and discrimination is what is happening. Traffic study needs to be done. Isaac Mitchell, 5285 Kymball Avenue, Chubbuck, ID. Agrees with Michelle. This is not only about fencing. City Council has too much power. Susan Merrill, 5265 Kymball, Chubbuck, ID. Our gate is to access our garden. Please let us keep it. Andrew Briscoe, 5315 Kymball Avenue, Chubbuck, ID. Agrees with comments that have been made. There are other motives here. Step back and do the research. Vern Briscoe, 5112 Whitaker Road, Chubbuck, ID. Complainers motivate the city. Agrees with everything that has been said in opposition of the ordinance. Candace Briscoe, 5344 Kymball Avenue, Chubbuck, ID. Opposed. Do your research. You are punishing people that want to build a nice home in a nice neighborhood. Stoddard closed the public hearing. Holmes, this ordinance does apply to all streets and it is not critical to take the Whitaker Road sentence out. Armstrong asked what the notification process for an ordinance change is. Burch, to clarify the letter that went out to the 6 land owners was not a notification of this meeting. They received in respect to the concern that their fences may come down. The normal notification process for a Public Hearing was followed for this meeting. Publication in the newspaper and display on the bulletin board at City Hall. Stoddard entertained a motion. Buttars moved to recommend the approval of the ordinance change but with the specific reference to Whitaker Road taken out. Seconded by Smith. Burch, for clarification the Access Management Guidelines restricts the access to the road not access to the sidewalks. Roll call Vote: Brady Smith, Yes; Russ Armstrong, Yes; Jay Buttars, Yes; Dan Stoddard, No. Motion carries. Burch let those in attendance know that this now moves to City Council. The Notice of Public Hearing will need to be republished. GENERAL BUSINESS 1. Proposed Amendment to the 1992 Chubbuck Urban Renewal Plan and Revenue Allocation Area. Review and recommendation as to the plan amendment's conformity with the general plan for the development of the City as a whole. Smith excused himself from items 1 and 2 because of a conflict of interest. Burch, the 2015 plan was approved and when filed at the State Tax Commission the Carmike parcel was in the 1992 plan. That is where Panera Bread / Red Robin are now. This was heard by Chubbuck Development Authority in a special meeting in June. Land Use commission is the next step and then on to City Council. There are 2 resolutions to act on tonight. The financial impact is the 1992 plan expires in 6 years, if it is in the new 2016 plan we have 20 years of increment to help the developer re -coop his costs for infrastructure. 1:\P1anning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2016\007.12.16.docx Stoddard entertained a motion. Buttars moved to approve the proposed amendment to the 1992 Chubbuck Urban Renewal Plan and Revenue Allocation Area and recommend as the plan amendment's conformity with the general plan for the development of the city as a whole to match with the 2016 changes that have been proposed. Armstrong seconded. Roll Call Vote: Russ Armstrong, Yes; Carrie Holm, Yes; Jay Buttars, Yes; Dan Stoddard, Yes. Motion passes. 2. Proposed Pine Ridge Mall Urban Renewal Plan and Revenue Allocation Area. Review and recommendation as to the plan conformity with the general plan for the development of the City as a whole. Holmes explained that the owners, Farmer Holding, is 100% behind the resolutions. They hired legal counsel in Boise that deals regularly with these types of agreements. Stoddard entertained a motion. Buttars moved to approve the proposed Pine Ridge Mall Urban Renewal Plan and Revenue Allocation Area. Recommendation as to the plan conformity with the general plan for the development of the City as a whole. Armstrong seconded. Roll Call Vote: Carrie Holm, Yes; Jay Buttars, Yes; Russ Armstrong, Yes; Dan Stoddard, Yes. Motion carries. Stoddard entertained a motion to adjourn; Buttars made the motion. Smith seconded. All voted to adjourn at 8:50 pm. / 01 a --J ;6 Dan Stoddard, Vice Chairman Simmons, Administrative Assistant J:\Planning\LUDC\LAND USE SECRETARY\M in utes\Minutes 2016\007.12.16.docx