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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. 1:\Plann1ng\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx 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. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx 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 J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx 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. l:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx 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 J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx 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 J:\Pianning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2017\008.08.17.docx