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HomeMy WebLinkAbout07 20 2016 CMCity of Chubbuck Council Meeting July 20, 2016 — 6pm Call to Order: Mayor England called the meeting to order and excused Councilmember Lewis. Pledge of Allegiance to the Flag: Councilmember Ellis Invocation: Karen Nield Approval of Minutes: Council Study Session of June 1, 2015, Council Meeting of June 15, 2015. Councilmember Baumeister moved to approve the minutes. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. Mayor explained the public hearing process. He explained that all written communications received have been passed on to the council. The Mayor also explained the process the developer goes through when he comes into City Hall. Public Hearing: I. An application by Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for zoning change to Commercial (C2) for all of the proposed Patriot Square Commercial Subdivisions. Gwen Inskeep with Dioptra, 4737 Afton Way Suite B, explained the zoning request from Industrial to Commercial C2. The council asked for clarification on boundaries. The Land Use Board recommended passage. Mayor England declared the public hearing open. There was no comment. Mayor England declared public hearing closed. 2. An application Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for the Preliminary Plat for Patriot Square Commercial Subdivision. Gwen Inskeep with Dioptra, 4737 Afton Way suite B, explained the plat. John Thuernagle and Chad Harding explained that the Land Use Board approved the preliminary plat with a condition. They have required a hammerhead be constructed at the end of Eagle Drive. Mr. Thuernagel and Harding explained that, in their opinion there is a hammer head already present and building the one requested would be duplication. Rodney Burch explained that the City does not want to use the street as the turn around. It was explained that this particular situation is not a fire issue but rather utility use and is required by code. Mayor England declared the public hearing open. Niki Taysom is opposed if the hammer head required. There being no other comment Mayor England closed the public hearing. 3. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon, ID 83406 for the Preliminary Plat for Brookstone Estates Division 7. Curt Rowland, 1331 Freemont in Idaho Falls, represented the applicant and explained the preliminary plat. Staff recommends approval, this is a continuation of current development and the plat meets all city standards. Mayor England opened the public hearing. Niki Taysom is apposed because of insufficient ingress and egress. There being no other comment, Mayor England closed the public hearing. Staff commented that division 7 creates the third egress and ingress for this development. 4. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon ID 83406 for the Preliminary Plat for Brookstone Estates Division 8. Curt Rowland, 1331 Freemont Idaho Falls, represented the applicant and explained the preliminary plat. Division 8 is on the north end of the master plan and the developer will be putting in the irrigation pump during this state of development. Rockwell is working with the development to the East, Sunset West, to use the same system for both developments. The temporary hammerhead shown is not on property not currently owned by Rockwell homes. This will need to be resolved. Mayor England declared the public hearing open. Niki Taysom opposes the preliminary plat claiming the plating process is unconstitutional and everyone should have acres, and gardens, and wells. There being no other comment, Mayor England closed the public hearing. 5. An application by Christopher Petersen, 4812 Navaho, Pocatello, ID 83204 for annexation into the City of Chubbuck the proposed Integrity Estates Subdivision. Mr. Peterson explained the application for annexation. Mayor England declared the public hearing open. Niki Taysom is opposed. She believes the subdivision is too close to Simplot and is worried about health concerns. Annique Dayley, 5037 Constitution Ave. asked if there was a financial arrangement with the City for zoning. Tom Holmes explained the tax assessed against the property once annexed. 6. An application by Christopher Petersen, 4812 Navaho Pocatello, ID 83204 for zoning of the proposed Integrity Estates Subdivision. The applicant, Mr. Petersen, explained the request for zoning. All lots in the plan met R1 zoning requirements. There are no lots designated as multi family. All lot lines adjacent to Heritage West are aligned with each other. Staff explained that this is zoned R2 to facilitate the zoning transition toward Philbin Road. It was mentioned that secondary irrigation lines will be installed to be used in the future. The difference between R1 and R2 zoning was discussed. If a person was to change something from the recorded plat, the change would go through the plating process. -Arlene Hulrburt, 5032 Constitution asked the council to zone this R1. -Jacob Dayley, 5037 Constitution. Mr. Dayley, representing the neighborhood mentioned that the City has told him the reason for the R2 zoning is to follow the comprehensive plan, a plan that has not been updated since 2001. Mr. Dayley mentioned the plan is used to try and encourage compatible uses and avoid conflicting uses. He does not believe what is happening is a compatible use. Mr. Dayley also mentioned that there is no secondary access to the proposed development. This lack of access makes R1 zoning more compatible with existing uses. Mr. Dayley also expressed concern with the plans verbiage that has the city closely working with residents to find acceptable uses for developing land. The residents of Heritage West do not feel like they have been closely worked with on this project. Mr. Dayley said "if the project meets all R1 zoning criteria, why not zone this R1 rather than the proposed R2 and - please require a second access." -Niki Taysom, she is opposed to the R2 zoning and worries that in the future this will change to commercial. Niki, wants bigger lots so everyone can have a large garden. She is opposed to any commercial, she believes those who want R2 zoning can go elsewhere. -Annique Dayley would like an explanation on the differences between R1 and R2 and and explanation on what it takes to for someone to come in and decide to do something different with it rather than a single home? Ms. Dayley has heard a lot of words today; variance, waivers, legally binding. She said "the council has the authority to zone this so there is contentment between neighbors. We are coming to you with our concerns. We would like this zoned R1." -Phillip Christiansen, 5061 Constitution, I put your political signs in my yard, no threat, just a promise. Please don't minimize the difference between R1 and R2. These are quality of life and smart growth issues. Let's not talk about building homes, let's talk about building neighborhoods. Why is this issue when the builder wanted R1? Someone misguided him. -Karen Nield, 5060 Constitution. Ms. Nield would like to see the zoning be R1. -Roger Hernandez, 4961 Constitution, the zoning downgraded to an R2 is opening the door to lower grade homes. The citizens don't trust the council. We don't want zero lot lines. -Jerry Hernandez, 4961 Constitution, if everything fits the R1 what's the big deal? You can change the environment of a neighborhood with what is built and that is what we are worried about. There being no other comments the Mayor closed the public hearing. 7. An application by Christopher Petersen, 4812 Navaho Pocatello, ID 83204 for the Preliminary Plat for Integrity Estates Subdivision. Mr. Peterson explained the plat; many of the features have already been discussed. There will be hammer heads at end of roads; an irrigation system will be installed for future use. City staff has reviewed the plat and it meets all City standards and they recommend approval. The city code currently would allow a single access development up to 90 homes. Mayor England opened the public hearing. -Jacob Dayley, 5037 Constitution, ask the City Council to commit to and uphold the City code. It seems to him that we hold to those things we like and bypass those things we don't. Mr. Dayley is worried about the increased traffic; he would like the City to do a traffic study during the school year. Mr. Dayley believes that a second access is needed now, not someday with future development. -Dave John, 4985 Constitution. Mr. John is concerned about the increased traffic and emergency access. This doesn't seem like common sense to me. -Vess Pearson, 5021liberty. Mr. Pearson said he was told when the first homes were built, 10 years ago, the council told the neighborhood there would be no more homes until a second access is worked out. -Niki Taysom. Ms. Taysom read the preamble to the Constitution. Then she said "we the people want R1 and we the people were ignored. -Tom Nield, 5060 Constitution. Thanks for hearing me. I am disappointed in Mr. Petersen. I am disappointed in the plat. I voted for most of you. I am disappointed in the Council; I am disappointed with city staff. The increased traffic is going to be a troublesome thing. Please listen to the voters and deny this plan. -Jerry Hernandez, 4961 Constitution. Can we get speed bumps? It is possible. Annique Dayley, this is unreasonable to me. We do not want our R1 neighborhood turned into a R2 thoroughfare. R2 is not worse people but a lower standard. My husband took time off work to go through comprehensive plan and you brushed him off. Where are our opinions considered and counted. Which is more important, the people or the law? At very least we need a temporary access for the construction vehicles. It is unclear which plat is being proposed, the one presented at Land Use or the one brought tonight. We are a neighborhood that contributes to the community in a lot of ways. I am disappointed we are being treated as spoiled children. Mark Matson, Independence, 10 years ago, John Cotant shot the plan down, then Steve England let it happen, and nobody listened to the neighborhood. We are not being listened to. General Business: 1. An application by Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for zoning change to Commercial (C2) for all of the proposed Patriot Square Commercial Subdivisions. Councilmember Ellis moved to change zoning on Patriot Square to Commercial (C2). Councilmember Baumeister seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 2. An application by Patriot Real Estate, 146 East Chubbuck Road Suite C., Chubbuck, ID. 83202 for the Preliminary Plat for Patriot Square Commercial Subdivision. Councilmember Ellis moved to approve the preliminary plat excluding the request by staff and land use to require an approved permanent turn around 16.12.020 (D)«(E), based on functional obsolescence, 18.28.030. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis - absent, Baumeister -yes, Evans -yes. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon, ID 83406 for the Preliminary Plat for Brookstone Estates Division 7. Councilmember Evans moved to approve the preliminary plat for Brookstone Estates Division 7. Councilmember Baumeister seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 4. An application by Rockwell Homes, 3539 Briar Creek Lane, Ammon ID 83406 for the Preliminary Plat for Brookstone Estates Division 8. Councilmember Evans moved to approve the preliminary plat for Brookstone Estates Division 8 with the installation of the irrigation system and the temporary hammerhead resolved. . Councilmember Baumeister seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 5. An application by Christopher Petersen, 4812 Navaho, Pocatello, ID 83204 for annexation into the City of Chubbuck the proposed Integrity Estates Subdivision. Councilmember Baumeister moved to annex the proposed Integrity Estates Subdivision. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans - yes. 6. An application by Christopher Petersen, 4812 Navaho Pocatello, ID 83204 for zoning of the proposed Integrity Estates Subdivision. Councilmember Evans moved to approve the proposed zoning for Integrity Estates Subdivision, Councilmember Ellis seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -no, Evans -yes. 7. An application by Christopher Petersen, 4812 Navaho Pocatello, ID 83204 for the Preliminary Plat for Integrity Estates Subdivision Councilmember Baumeister moved to approve the preliminary plat for Integrity Estates Subdivision. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 8. Approval of beer license for Chipotle. Councilmember Evans moved to approve the beer license for Chipotle conditional on them paying all fees and providing all required documentation. Councilmember Baumeister seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 9. Confirmation of appointment of Merlin Miller as interim Fire Chief. Councilmember Baumeister moved to confirm the appointment of Merlin Miller as interim Fire Chief. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. 10. Adopt Tentative Budget for Fiscal Year 2017. Rich Morgan presented the tentative budget to the council. Councilmember Ellis moved to adopt the FY2017 tentative budget. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. Claims: Computer Printout claims for July 20, 2016 as presented to Mayor England and Council. Councilmember Baumeister moved to approve the claims. Councilmember Evans seconded. Roll call vote: Ellis -yes, Lewis -absent, Baumeister -yes, Evans -yes. General Announcements: Adjourn: Mayor England adjourned the meeting. y -------------