HomeMy WebLinkAbout008.08.17City of Chubbuck
Land Use and Development Commission Meeting Minutes
August 8, 2017 - 7:00 pm
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, on August 8, 2017.
Chairman Jason Mendenhall: Commission Members: Dan Stoddard, Jay Buttars, Brady Smith, Thais Ayre,
Brandon Jackson, Carrie Holm, and Bryan Nield.
Planning and Development Director: Devin Hillam, Public Works Director: Rodney Burch, City Planner:
Paul Andrus. Attorney: Tom Holmes, Office Administrator: 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. Smith recused himself from items #1, #4 and #5. Buttars item #6.
Mendenhall led the commission in the Pledge of Allegiance.
APPROVAL OF THE MINUTES: July 11, 2017
Mendenhall entertained a motion to approve the minutes as emailed. Jackson moved the minutes of
July 11, 2017 meeting be approved as emailed; Nield seconded. The full authority approved.
PUBLIC HEARING
An application by Ellis Construction Lifestyle Homes for a Preliminary Plat for Copperfield
Landing Division 5. Located Northeast % of Section 4, Township 6 South, Range 34 East, of the
Boise Meridian, Bannock County Idaho. Location is between Copperfield Landing Division 3 and
4 subdivisions.
Mitchell Greer Rocky Mountain Engineering and Surveying 600 E. Oak, Pocatello, ID 83201 is in
attendance representing the applicant.
Some homes have been built in the other Copperfield Landing divisions. This division is 8 lots in the SW
corner of the remaining property. The storm water retention pond has been designed. The application
complies with PUD and City ordinances.
No questions from commission.
Hillam noted that the application was Quasi -Judicial and decisions needed to be based on the
Comprehensive Plan and compliance with all applicable laws and ordinances.
Mendenhall opened the Public Hearing.
No public comments, Mendenhall closed the Public Hearing bringing the meeting back to the
commissioner. This is a recommendation to City Council.
No comments or questions from commission.
Mendenhall entertained a motion for recommendation to City Council.
Nield made a motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by City
Code 17.12.100, and having found that those criteria for approving a preliminary plat request are
satisfied, I move to recommend approval of the preliminary plat as described in the application
materials to the City Council. Seconded by Stoddard.
Roll Call Vote: Dan Stoddard, Yes; Jay Buttars, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie
Holm, Yes; Bryan Nield, Yes; Jason Mendenhall, Yes. Motion is approved.
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2. An application by Nick Jensen for a Change in Land Use District on the proposed Jensen's Cove
Subdivision from agricultural (A) to single family residential (R-1). Located Southwest % Section
2, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock. Location is
corner of Tree Valley Road and Garden Drive.
Stewart Ward Dioptra 4737 Afton Place Suite B Chubbuck, ID 83202 was in attendance representing the
applicant.
The application is for a rezone request on the property across from the Tree Valley Park on the corner of
Tree Valley Road and Garden Drive. It lies inside city limits but is zoned Agricultural (A). Agricultural per
City Code is 1 house per acre and the applicant wants to divide the land into multiple single family
homes. Land around is Single-family residential (R-1) with a small area on the west side of Tree Valley
being agricultural. City Code and Comprehensive Plan has been followed in this application.
No questions from commission.
No comment from City staff.
Mendenhall opened the Public Hearing.
Nick Jensen 1526 East Point Pocatello, ID 83201. Working with Rodney Burch for the last 7 month to
comply with the requirements to rezone and plat the parcel of land.
No additional public comments.
Mendenhall closed the Public Hearing bringing the meeting back to commission. This is a
recommendation to City Council.
Mendenhall entertained a motion for recommendation to City Council.
Nield made the motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by
Idaho Code section 67-6511, and having found that those criteria for approving a rezoning request are
satisfied, I move to recommend approval of the rezoning request as described in the application
materials to the City Council. Seconded by Buttars.
Roll Call Vote: Dan Stoddard, Yes; Jay Buttars, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie
Holm, Yes; Bryan Nield, Yes; Jason Mendenhall, Yes. Motion is approved.
3. An application by Nick Jensen for a Preliminary Plat for Jensen's Cove. Located Southwest
Section 2, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock on
the same land as is the proposed rezone. Location is corner of Tree Valley Road and Garden
Drive.
Stewart Ward Dioptra 4737 Afton Place Suite B Chubbuck, ID 83202 was in attendance representing the
applicant.
Same property as the rezone application. There are 3 lots, Lot 1 is under construction, lot 2 is a
proposed second residential lot and lot 3 will be dedicated as right-of-way for Tree Valley Road. Water
and sewer were stubbed when Garden Drive was constructed. Comprehensive Plan chapter, 6 goal 2
talks about new residential infill development looking like the surrounding area. Applicant is asking for a
waiver to City Code 17.16.045 for the roadway with cash in lieu instead of building the road. Tree Valley
Road has never been dedicated to the City. 7-8 homes are north of the applicant on Tree Valley Road. In
the Comprehensive Plan Tree Valley Road is a collector road requiring a 66' right-of-way. Garden Drive h
a minor arterial road. Hillam explained money will be held in reserve for improvements on Tree Valley
Road at a later date. Burch noted that what will happen in the next 2 years for Tree Valley Road is an
unknown.
Ward stated that the applicant is requesting a waiver for the park because there is a park south and
across the street. City Code 17.16.140 was read by Ward. The developer and applicants calculations
show that the applicant should not have to build a park or cash in lieu because of the size being smaller
than 15,000 square feet. Holmes stated the City does not agree with their interpretation of the code.
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Question for staff, has the City ever not required cash in lieu for a park? No and Hillam recommends
collecting the cash in lieu.
Mendenhall opened the Public Hearing.
Nick Jensen 1526 East Point Pocatello, ID 83201. There is a massive park in the area and every line item
that the City has asked for has been met.
Darris Ellis 4470 Wasatch Street, Chubbuck ID 83202. The park issue is becoming a hornet's nest. You
are nailing the developer that is trying to fix a mess.
No further public comment.
Mendenhall closed the Public Hearing bringing the meeting back to the commission.
Holmes commented a park across the street is irrelevant, this subdivision needs to make a contribution
to the park fund. If you don't require a contribution then this developer is getting a break that other
developers are not. The concept of getting the contribution needs to be consistent from a legal stand
point. There is an impact fee study being done to more scientifically determine what that amount of
money should be.
Holmes continued, cash in lieu for a road has only come up with Walsh Estates on Hawthorne Road
because Hawthorne Road is going to be rebuilt. If the Northgate Interchange goes in and the east bench
becomes a TIF District there is the possibility that Tree Valley Road would be included in the district.
Commission discussed the width of the roads. Hillam explained that the Comprehensive Plan states
Garden Drive is a minor arterial which has an 80' right-of-way. City has the opportunity to put the right
classification on Tree Valley Road because it is not built.
Mendenhall entertained a motion for recommendation to City Council.
Jackson made the motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by City
Code 17.12.100, and having found that those criteria for approving a preliminary plat request are
satisfied, I move to recommend approval of the preliminary plat as described in the application
materials to the City Council with the following conditions and waiver recommendations:
• That the waiver request related to Tree Valley Road construction and drawings is JUSTIFIED and
thus is RECOMMENDED.
• That waiver request related to parks is NOT JUSTIFIED and thus is NOT RECOMMENDED.
Seconded by Stoddard contingent upon the land being rezoned from agricultural (A) to Single-family
residential (R-1) and the final plat shall accurately display designated floodplain boundaries.
Roll Call Vote: Jay Buttars, No; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, No; Carrie
Holm, No; Bryan Nield, No; Dan Stoddard, Yes; Jason Mendenhall, No. Motion fails.
Nield made a motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by City
Code 17.12.100, and having found that those criteria for approving a preliminary plat request are
satisfied, I move to recommend approval of the preliminary plat as described in the application
materials to the City Council with the following conditions and waiver recommendations:
• That this recommendation is contingent upon the land being rezoned from Agricultural (A) to
Single-family residential (R-1);
• That the waiver request related to Tree Valley Road construction and drawings is JUSTIFIED and
thus is RECOMMENDED;
• That waiver request related to parks is JUSTIFIED and thus is RECOMMENDED;
• The final plat shall accurately display designated floodplain boundaries
Holm seconded.
Roll Call Vote: Jay Buttars, Yes; Brady Smith, No; Brandon Jackson, No; Thais Ayre, Yes; Carrie Holm,
Yes; Bryan Nield, Yes; Dan Stoddard, No; Jason Mendenhall, Yes. The motion is approved.
4. An application by Rocky Mountain Investing, LLC for PUD Preliminary Development Plan for
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proposed Selder Meadows Apartments for Multifamily Infill Planned Unit Development, PUD.
Located Northeast ''/< of the Southeast % Section 4, Township 6 South, Range 34 East of the
Boise Meridian, City of Chubbuck, Bannock County, Idaho. Location is on Hawthorne Road North
of Chastain Drive, South of Canal Street.
Mitchell Greer Rocky Mountain Surveying and Engineering 600 E. Oak, Pocatello, ID 83201 representing
the applicant.
10 4-plex units with a total of 40 apartments are proposed. There are no waiver requests and the
application meets all City ordinances that apply.
There are 4-plexs to the south and single family to the north and west. This development happened in
the 1990s.
2.65 acre project with the zoning being limited residential (R-2) and recommending Residential Infill
PUD. In conformance with the City Code and Comprehensive Plan, meeting the density requirements.
There are the required parking spaces and appropriate amenities, parking and landscaping.
Amenities are centrally located:
• Tot lot
• Basketball court
• 100 square foot private patio space
Other key features:
• Privacy fence around exterior
• Parking lot centrally located
• Emergency turn around in parking lot
• Accommodated Hawthorne Road expansion
Other points Greer made were:
• High density projects do not bring down the value of single family homes
• Traffic is usually less from apartments than single family homes
• Hawthorne is an arterial street and should easily handle the traffic from the apartments
• Crime does not increase
No question from commission.
No comments from City staff.
Mendenhall opened the Public Hearing.
Darris Ellis 4470 Wasatch Street Chubbuck, ID 83202. This application is an easy yes, looks sharp and
clean.
Mendenhall closed the public hearing bringing the meeting back to the commission.
Mendenhall entertained a motion for recommendation to City Council.
Buttars made the motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by
Idaho Code section 67-6511 and City Code, and having found that those criteria for approving a Planned
Unit Development preliminary plan and rezone request are satisfied, I move to recommend approval of
the petition as described in the application materials to the City Council. Seconded by Nield.
Roll Call Vote: Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Bryan Nield, Yes; Dan
Stoddard, Yes; Jay Buttars, Yes; Jason Mendenhall, Yes. Motion is approved.
S. An application by Rocky Mountain Investing, LLC for a Preliminary Plat for Selder Meadows
Apartments. Located Northeast Y of the Southeast X Section 4, Township 6 South, Range 34
East of the Boise Meridian, City of Chubbuck, Bannock County, Idaho. Location is on Hawthorne
Road North of Chastain Drive, South of Canal Street.
Mitchell Greer Rocky Mountain Surveying and Engineering 600 E. Oak Pocatello, ID 83201 representing
the applicant.
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This is an application for a preliminary plat proposing to break into lots per each building with 1 big lot
for the common and parking area.
Sewer will be stubbed off of Joy Street for the remainder of the project that is west of the application.
Questions from commissioners.
This will be maintained and managed by a group, possibly a LLC. This could eventually have a number of
owners but managed as a group.
Mendenhall opened the Public Hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to commission.
Mendenhall entertained a motion for recommendation to City Council.
Buttars made the motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by City
Code 17.12.100, and having found that those criteria for approving a preliminary plat request are
satisfied, I move to recommend approval of the preliminary plat as described in the application
materials to the City Council.
Seconded by Ayre.
Roll Call Vote: Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Bryan Nield, Yes; Dan
Stoddard, Yes; Jay Buttars, Yes; Jason Mendenhall, Yes. Motion is approved.
6. An application by Chris Peterson for a Preliminary Plat for Integrity Estates Division 2. Located
northwest Y< of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Bannock
County, Idaho. Location is south of Sunrise East Estates at the South end of Hunter & Jake
Avenues.
Stewart Ward Dioptra 4737 Afton Place Suite B Chubbuck, ID 83202 was in attendance representing the
applicant.
Application is for a preliminary plat for the remainder of the property owned by the applicant. The
applicant has plans to sell the developed lots to a builder. Limited residential (R-2) allows a 6,000 square
foot lot with 60' of frontage, the smallest lot in this division is 6,400 square feet with 64' of frontage. The
proposed lot sizes are smaller than in division 1 and slightly smaller than the lots on Constitution Avenue
but they fit within the zone. Jake and Hunter Avenues will be dedicated for local streets. The width will
conform with the previous division. In division 1 the applicant chose cash in lieu for the park and it was
approved and would like to do that again in division 2. Applicant would like commission to recommend
to City Council that the formula for cash in lieu not be used but an amount owed be decided by Council.
No additional information from City staff.
Mendenhall clarified with City staff that the applicant is asking for City Council to decide the amount
that the cash in lieu for the park will be instead of the formula that is usually used.
Mendenhall opened the public hearing.
Chris Petersen 4812 Navaho Pocatello, ID 83204. For clarification the park fee was substantially higher
then he anticipated with division 1. Asking City Council to help him find a middle ground.
Mendenhall closed the public hearing bringing the meeting back to the commission.
Burch explained the park guarantee fund is that the developer will build a park and each lot has a
$400.00 amount added with the building permit application. When the park is completely built the
$400.00 per lot is returned to the developer. Cash in lieu is totally different, the developer has chosen to
not build a park and the ordinance is asking him to contribute to the park fund to be used in another
location in the City.
Mendenhall entertained a motion for recommendation to City Council.
Smith made the motion that having reviewed the petition materials, staff report, and all testimony
presented before and by the City in this hearing as part of the record against criteria established by City
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Code 17.12.100, and having found that those criteria for approving a preliminary plat request are
satisfied, I move to recommend approval of the preliminary plat as described in the application
materials to the City Council with the following condition and waiver recommendation that we do not
waive the cash in lieu of contribution, applicant can work that out directly with City Council. Seconded
by Nield.
Roll Call Vote: Thais Ayre, Yes; Carrie Holm, Yes; Bryan Nield, Yes; Dan Stoddard, Yes; Brady
Smith, Yes; Brandon Jackson, Yes; Jason Mendenhall, Yes. Motion is approved.
Commission discussed emailing packets. Commissioners approved getting packets electronically but to
continue having 11" x 17" hard copy plats at the meeting.
Item for General Business for next agenda will be to discuss changing the time of the meeting to an
earlier time.
Mendenhall entertained a motion to adjourn; Nield made the motion. Jackson seconded. All voted to
adjourn at 9:15 pm.
,/Son Mendenhall, Chairman
Rane a Simmons, Office Administrator
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