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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