HomeMy WebLinkAbout07 05 2017 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
JULY 5TH° 2017 — 6:00PM
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Baumeister
INVOCATION: Kurt Eldredge
COUNCIL MEMBERS PRESENT: Mayor Kevin England, Melanie Evans, Josh Ellis, Annette
Baumeister, and City Attorney Tom Holmes
STAFF MEMBERS PRESENT: Public Works Director Rodney Burch, Deputy Clerk Joey Bowers,
Devin Hillam, and Paul Andrus
Mayor England excused Councilmember Ryan Lewis from the meeting
APPROVAL OF MINUTES: September 26th 2016, May 31St 2017, June 7th 2017, June 26th 2017
Councilmember Baumeister would like to make a correction to the May 31St, 2017 minutes.
Councilmember Ellis motioned for approval of minutes with the correction that Councilmember
Baumeister had requested
Councilmember Evans seconded motion for approval of minutes with the correction
Roll Call: Ellis -yes, Evans -yes, Baumeister -yes, motion passed
PUBLIC HEARING:
1. An application by DelTam 3 and Briscoe Bybee Contractors for a Change in Land Use District for
a portion of the Grove Subdivision from single family residential (R-1) to limited commercial (C-
1). Located Northeast % of Section 8, Township 6 South, Range 34 East, of the Boise Meridian in
the County of Bannock, Philbin Road between 1-86 and West Chubbuck Road.
Stuart ward with Dioptra presented a two acre parcel of land north of Sawtooth and south
west of University Bible Church. It is currently zoned R-1 and was requesting a zone change to
C-1. Mr. Ward stated that the City's comprehensive plan has Philbin road as mixed use, and that
the land across the street from this property is currently zoned C-1. Mr. Ward understood that it
was different not to have a preliminary plat with a zone change request. The current developer
does not have plans for development and is requesting for the zone change of this property for
better selling opportunity.
City Planner Paul Andrus wanted council to know that this request did meet the City's
comprehensive plan. He also stated that the Land Use commission had some concerns about
access. The access guidelines would be used during design review of construction to meet City
access code. The City's comprehensive plan for Philbin Road is planned for mixed use which
includes R-1, R-2, R-3, R-4, and C -l.
Public Works Director Rodney Burch stated that there would only be one access allowed
during a preliminary plat. Mr. Burch stated that there is currently no plans within the City for
Philbin road; that as Philbin road develops the developers will be required to expand or widen
that section of road.
Councilmember Ellis wanted to know how many accesses would be allowed during the
preliminary plat. He also wanted to know how far the access would have to be away from
Sawtooth and Chubbuck Road. Councilmember Evans wanted to know if there was any plans for
the reconstruction of Philbin road.
Mayor England opened the public hearing
Victor Loiselle 10795 N. Philbin Rd, knows that widening Philbin road will happen one day.
Mr. Loiselle did not have a problem with the C-1 zone change. His biggest concern was that he
did not want to see a convenient store, or a high rise apartment complex. Mr. Loiselle would like
to see a Dr. Office, or some sort of quiet business on this property. Mr. Loiselle also wanted to
know if there was a State law that required two entrances into all residential developments for
emergency vehicles.
Roy Thompson 1331 Sawtooth Ave, was concerned about access for this property. Mr.
Thompson stated that the residents of the Grove subdivision had asked for a second access to the
Grove Subdivision and have been told that it is not feasible. Mr. Thompson stated that when
Conner Academy is up and running the traffic is too congested to get onto Philbin Road. Mr.
Thompson did not have a problem with the C-1 zone change. He felt like if this property could
have an access point onto Philbin road then the Grove Subdivision could have another entrance
especially for emergencies.
Ryan Corum 1400 Sawtooth Ave, stated that this property was originally designed as a green
way and that's why it was blocked off from the rest of the Grove Subdivision. Mr. Corum did not
have a problem with the C-1 zone change because progress is inevitable. He did feel like that
Philbin road is currently a death trap because it is too narrow to handle the increase in traffic. Mr.
Corum would like to see Philbin road widened before the City makes any commercial changes.
Matt Taylor 1429 Sawtooth, was concerned about what effect this will have on property
value. Mr. Taylor also felt like there is not enough notice for these changes to residents. He also
was concerned after the Land Use commission had denied the presentation, why it had made it to
City Council with no changes from the developer. Mr. Taylor felt like with the current traffic
Philbin road cannot handle additional businesses and access points.
Daniel Elder 1388 Sawtooth Ave, was wondering if Philbin was a City road and if the City
has any control of development once zoned commercial. Mr. Elder is concerned about approving
something before knowing what is going to be built.
Sasha Elder 1388 Sawtooth Ave, was concerned about traffic and taking away from the
family friendly environment that she currently enjoys. Mrs. Elder was also concerned about the
effect on property value and having big parking lot lights shinning into her windows at night.
Rodger Cameron 1414 Sawtooth Ave, was against the C-1 zone change. Mr. Cameron was
told when he purchased his house that Philbin road was too narrow to build any commercial
property. Mr. Cameron was also concerned about the increase of traffic on Philbin road.
Mike Popovich 408 N. Arthur, Pocatello, wanted to make sure that there was no change to the
land agreements between the First Baptist Church, School District 25, and commercial
development. Mr. Popovich explained that these McNabb Trust agreements pre -dated the
residential developments on Philbin road.
Mayor England closed the public hearing
Rodney Burch answered Mr. Loiselle's question about access law. Mr. Burch stated that the
City's policy follows the national standards of emergency services, which is determined by the
use and the volume of use. Mayor England answered Mr. Elder's question about Philbin road
being a City road. Mayor England stated that the City owns and maintains Philbin road. Rodney
Burch answered Mr. Elder's question about commercial zoning. Mr. Burch stated that the
process would be a preliminary plat which would include another public hearing. Devin Hillam
read out loud the conditional and permitted uses of a C-1 zone. Rodney Burch answered Mr.
Thompson's question on a second access. Mr. Burch Stated that a second access was not
required in development and if the developer would have asked for a second access during the
preliminary plat that the second access would have been measured against the City's access
policy to see if it was warranted. Mr. Burch also stated that regardless of the zoning the City will
allow one access to this property.
Councilmember Ellis addressed Mr. Thompson and felt like that a second access onto Philbin
road would not solve the congestion problems, but maybe there was a way to connect to
Chubbuck road. Councilmember Baumeister wanted to make sure that the audience know that
the City did not tell the developer not to put in a second access; but that the Council could not
require the developer to put in a second access during the development process. Mayor England
wanted to explain that the original developer might have had this planned as residential use, but
that it had never been plated with the City as residential use.
GENERAL BUSINESS:
1. Approval of zoning change for Grove Subdivision from (R-1) to (C-1)
Councilmember Ellis asked City Attorney Tom Holmes if something is zoned C-1 and meets
all the C-1 requirements can the Council deny the development. Councilmember Ellis knows that
Philbin road is only going to get busier and eventually will be a five lane road. He felt like this
property will eventually be rezoned C-1 but did not feel like everything listed under C-1 is
appropriate for this location. He felt like since it will back up to R-1 and it was a big jump to C-1
that a preliminary plat needed to be attached to the zoning change.
City Attorney Tom Holmes stated that if it was a permitted C-1 use that it would not come
before Council for approval. But if it was a conditional use then it would have to have a public
hearing and come before Land Use and Council for approval. Mr. Holmes stated that Council
can deny the zone change, but it creates an issue that Council will never do a zoning change
without a preliminary plat.
Councilmember Evans wanted clarification on a commercial residential unit. Councilmember
Evans did not feel like this property should be rezoned as C-1 where it is surrounded by
residential. Councilmember Evans does agree with mixed use but feels like it needs to be well
planned out and organized and not just for selling opportunities. Councilmember Evans was
wondering why the City had a public hearing if Council is not allowed to deny a zoning change
based off the Council decision that it was not a right fit for the community.
Councilmember Baumeister felt like all the permitted uses listed under C-1 were low traffic
developments. Councilmember Baumeister wanted to explain that a developer can choose to pay
a fine instead of putting in a park; this is a City ordinance available to all developers and not a
secret deal that the City makes with an individual developer to get around City requirements.
Councilmember Baumeister was wondering why we would make a zone change before a planned
development.
Mayor England felt like that if Council moved forward and rezoned this property as C-1, that
it could limit Council's decision on certain uses that would be allowed on this property.
Public Works Director Rodney Burch felt like that if it meets the comprehensive plan and
section 18 of City code and that's the only thing that should be used in making their decision.
Mr. Burch felt like whether the preliminary plat was before Council now or in the future if
Council is comfortable with the uses listed under C-1, then there shouldn't be any problem
approving this zoning change. Mr. Burch wanted to remind Council that the development would
still have to go through the design review process for final approval.
Councilmember Ellis motioned for denial of the Grove subdivision rezoning from R-1 to C-1
without a preliminary plat attached to it as presented.
Councilmember Evans seconded motion for denial of zone change.
Roll Call: Evans -yes, Baumeister -no, Ellis -yes, motion passed
2. Acceptance of Offer of Dedication Pine Ridge Mall Re -plat
Councilmember Baumeister motioned for approval of the Re -plat
Councilmember Ellis seconded motion for approval
Roll Call: Baumeister -yes, Ellis -yes, Evans -yes, motion passed
3. Acceptance of Offer of Dedication Replat of Shops at Pine Ridge Mall
Councilmember Baumeister motioned for approval of the re -plat of shops
Councilmember Ellis seconded motion for approval
Roll Call: Ellis -yes, Evans -yes, Baumeister -yes, motion passed
4. Approval of Records for Destruction
Councilmember Ellis motioned for approval of records for destruction
Councilmember Evans seconded motion for approval
Roll Call: Evans -yes, Baumeister -yes, Ellis -yes, motion passed
5. Approval of the Pocatello/Chubbuck Sewer Treatment agreement
Public Works Director Rodney Burch presented the new wastewater treatment
agreement between the City of Pocatello and City of Chubbuck. Mr. Burch stated that the
agreement was the same as previous agreements with a few changes. The first change
was recommended by City Attorney Tom Holmes. With this change The City of
Chubbuck added a paragraph that stated that the City of Pocatello will always treat the
City of Chubbuck as a resident of Pocatello. Mr. Burch also said that the only other
change was an increase available to the City's usage over the next 10 years.
Councilmember Evans motioned to allow the Mayor to enter into the Municipal
wastewater treatment agreement
Councilmember Ellis seconded motion for approval
Roll Call: Baumeister -yes, Ellis -yes, Evans -yes, motion passed
CLAIMS:
1. City of Chubbuck claims for June 21St, 22°d, and July 5th, 2017 as presented to
Mayor England and Council.
Councilmember Ellis motioned to approve City of Chubbuck claims
Councilmember Evans seconded motion for approval
Roll Call: Ellis -yes, Evans -yes, Baumeister -yes, motion passed
2. Chubbuck Development Authority claims for June 21St, and July 5th, 2017 as
presented to Mayor England and Council
Councilmember Evans motioned to approve Chubbuck Development Authority claims
Councilmember Ellis seconded motion for approval
Roll Call: Evans -yes, Baumeister -yes, Ellis -yes, motion passed
ADJOURN: MAYOR KEVIN ENGLAND
Rich Morgan- City Clerk
r
Kevin - or