HomeMy WebLinkAbout005.10.16 City of Chubbuck
Land Use and Development Commission Meeting Minutes
May 10, 2016-7:00 pm
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone,on May 10, 2016.
Chairman Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Brady Smith,Todd
Blackinton,And Carrie Holm. City Staff: Rodney Burch, Paul Andrus.Attorney:Tom Holmes.
Administrative Assistant: 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 led the commission in the Pledge of Allegiance.
APPROVAL OF THE MINUTES:
Mendenhall entertained a motion to approve the minutes as mailed. Stoddard moved the
minutes of April 12, 2016 meeting be approved as mailed; Blackinton seconded.The full
commission approved.
PUBLIC HEARING
1. An application by Christopher Petersen,4812 Navaho, Pocatello, ID 83204 for annexation into
the City of Chubbuck the proposed Integrity Estates Subdivision located in Northwest 1/4 Section
4,Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock.South of
Jake and Hunter Avenues.
Stewart Ward, Dioptra 4737 Afton Place Suite B,Chubbuck, ID 83202 was in attendance representing
the applicant. The 8 acres are located south of Hunter Avenue, north of West Chubbuck Road and East
of Philbin Road.
No questions from commissioners.
Andrus stated the application meets the requirements for annexation.
Mendenhall opened the Public Hearing.
John Dahl lives at 5049 Constitution Avenue.Concerns are a road connecting to Philbin Road, water and
sewer lines
Jed Dayley lives at 5037 Constitution Avenue.Would like to know what is going to be built. Mendenhall
explained#3 on the agenda will explain. Have there been traffic studies? Resource concerns.Opposed.
Vern Swartz lives at 5152 Hunter Avenue.The map is inadequate. Opposed.
Amnique Dayley lives at 5037 Constitution Avenue. Opposed.
Vess Pearson lives at 5021 Liberty Avenue.When the first annexation was done they were told it would
not be developed further unless a road was connected to Philbin Road.Opposed.
Justin Pope lives at 5145 Hunter Avenue. Opposed.
Mendenhall closed the Public Hearing bringing the meeting back to the commissioners.
Questions from Commissioners:
How to find what the City Council approved at the last annexation.
• Holmes remembers there was quite a bit of opposition to the development at the time.
Park in the subdivision.
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• Burch explained the process to those in attendance.The applicant has chosen the option of cash
in lieu of and that will be covered in the Development Agreement.
Why 3 items on the agenda?
• Mendenhall explained the process of annexation is first to be able to connect to city services
and then zoning follows.
Mendenhall entertain a motion.Stoddard moved to recommend approval of the annexation of property
as applied.Smith seconded.
Roll call vote: Mike Schwartz,Yes; Dan Stoddard,Yes; Brady Smith,Yes;Todd Blackinton,Yes; Carrie
Holm,Yes;Jason Mendenhall,Yes. Motion passed with recommendation to City Council.
2. An application by Christopher Petersen,4812 Navaho Pocatello, ID 83204 for zoning of the
proposed Integrity Estates Subdivision located in Northwest 1/4 Section 4,Township 6 South,
Range 34 East of the Boise Meridian in the County of Bannock to change from Bannock County
Agricultural (AG)to Limited Residential (R-2)to be in compliance with the Comprehensive Plan.
Stewart Ward, Dioptra 4737 Afton Place Suite B, Chubbuck, ID 83202 was in attendance representing
the applicant.This will be a Limited Residential (R2) zone with single family homes, no twin homes.The
lot sizes are very uniform with the subdivisions nearby.
Mendenhall asked for any additional information from city staff.
Burch and Andrus explained the difference between R1 and R2.The applicant first applied for R1 but it
does not meet the requirements. No issues with water and sewer capacity. Property lies within the
Urban Service Boundary.
Mendenhall opened the Public Hearing.
John Dahl lives at 5049 Constitution Avenue. How does it meet the criteria for enough sewer and water
now when 15 years ago it did not? Request the minutes from the past be found and reviewed.
Jed Dayley lives at 5037 Constitution Avenue.What is Hunter and Jake Avenues zoned?Concerned that
single family lots will be changed in the future. Opposed. Mendenhall explained that item#3 will need to
show if twin homes are planned.
Mike Biorn lives at 5156 Independence Avenue.Will there be further hearings? Mendenhall explained
these applications will go before City Council.
Dustin Chlarson lives at 5144 Jake Avenue.Concerned with the width of Jake and Hunter Avenues.
Opposed.
Mendenhall closed the Public Hearing bringing the meeting back to the commissioners.
Burch and Andrus answered questions:
• The roadway on Jake and Hunter Avenues will be the same road that will be extended to the
south.That is our city standard street section.
• Before the North West Sewer Interceptor on Rio Vista was built there was not capacity in the
sewer line in Chubbuck Road.These parcels are now able to be serviced.
• The application is a single family development.Twin homes would have to be noted at this
phase or come back again thru the process.
Mendenhall entertained a motion.Stoddard moved recommending approval of the zoning of R2 as
applied. Blackinton seconded.
Roll call vote: Dan Stoddard,Yes; Brady Smith, No;Todd Blackinton,Yes; Carrie Holm,Yes; Mike
Schwartz,Yes;Jason Mendenhall,Yes. Motion passed with recommendation to City Council.
3. An application by Christopher Petersen,4812 Navaho Pocatello, ID 83204 for the Preliminary
Plat for Integrity Estates Subdivision located in Northwest 1/4 Section 4,Township 6 South, Range
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34 East of the Boise Meridian in the County of Bannock. South of Jake and Hunter Avenues.
Stewart Ward, Dioptra 4737 Afton Place Suite B,Chubbuck, ID 83202 was in attendance representing
the applicant.The application is for a subdivision with 36 home lots with the extension of Jake and
Hunter Avenues. Sewer will connect to Constitution with easements on 2 lots.Water will be extended
from Jake and Hunter Avenues to the south. Road widths will remain the same with roadside swales.
Secondary irrigation will be in Jake and Hunter Avenues and not be connected at this time.
Questions from commission for the applicant and city staff.
• Easement documents are signed and city has a copy.
• Stewart Ward explained the turn around.
• Does city staff have a say in the road location connecting to Philbin Road?
Burch explained the road in the future should line up with Angela Street, crossing Philbin Road.
• Is there secondary irrigation in Heritage West Subdivision?
Burch: no, but the future plan for the city is to have dry irrigation lines installed at the time of
development to eventually connect with a canal.This developer has agreed to do that.
Mendenhall opened the Public Hearing.
Geri Hernandez lives at 4961 Constitution Avenue.What kind of homes is the developer proposing to be
built?
Jed Dayley lives at 5037 Constitution Avenue.Traffic is only going to use Chubbuck Road. Has the city
contacted adjacent land owners? Property taxes?Traffic Study?Was there a financial agreement for
sewer lines going thru homes easements?Opposed. Holmes explained that the city does not develop
and as far as a financial agreement that information is between the developer and the home owner. If a
developer comes in and meets the criteria of the codes the city cannot stop him.
Mike Biorn lives at 5156 Independence Avenue.When does it warrant a road?Who will pay for future
sewer and water?Opposed.
Aubrey Going lives at 1124 Petersburg Drive. Concern is traffic and children. Opposed.
Dustin Chlarson lives at 5144 Jake Avenue. Roads are too narrow on Jake and Hunter Avenues.Which
homes are the sewer lines running thru?
Amnique Dayley lives at 5037 Constitution Avenue. Please consider our neighborhood and compromise.
Opposed.
Josh Nedro lives at 5131 Constitution Avenue. Neutral until hearing the comments tonight.Opposed.
John Dahl lives at 5049 Constitution Avenue. It will be years before a road goes thru.
Mendenhall closed the Public Hearing bringing the meeting back to the commission.
Mendenhall asked the applicant to address the questions from the Public Hearing.
Stewart Ward, Dioptra 4737 Afton Place Suite B,Chubbuck, ID 83202.The sewer easements will be
between 5101 and 5091 Constitution Avenue. The city did not have contact with the homeowners that
was between them and the developer.
Mendenhall asked if there were questions from commission.
• When would be a traffic study be required?
Burch: It is dependent upon what the traffic entire flow is.The city looks at the number of homes limited
to a single point access. In typical subdivisions in the city this is the same scenario in all developments.
The traffic study would look more at the impact on Chubbuck Road not the streets farther into the
subdivisions.
• How is the type of home being built decided?
Burch:That is between the developer and the future home owner. 56 homes are on this single access,
90 homes a second access is required.This proposed development is a minimal impact to Chubbuck
Road.
• When will the city see the Covenants,Conditions and Restriction, (CCR)for a subdivision?
Holmes:The city does not regulate CCRs or do we govern from them.
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• The width of Jake and Hunter Avenues is city code?
Burch:That is the residential street that is built and it is in code.
• Why and how do we use the Comprehensive Plan?
Andrus explained the Plan.
• Discuss sewer connector
Burch: Every citizen's utility bill in the City of Chubbuck has a fee amount for the North West Sewer
Interceptor(NWSI).There are years and years of use out of this interceptor before capacity is reached.
The builder will pay a connection fee to the sewer when a new home is built.That fee is applied to the
debt on the NWSI.
• We are R2 because we have to be?
Burch: Lots 8 and 17 are a matter of inches too small to be zoned R1. Burch pointed out the new lots are
the same width as the existing lots.Andrus:The Comprehensive Plan requires R2.
• What is the process as this application moves forward to City Council?
Mendenhall: It will go thru the same process with a Notice of Public Hearing and the same opportunity
to speak at the meeting.
• Is there another area in the city that has the same type of traffic flow?Could walking paths be
considered?
Burch: Brookstone Estates Subdivision now has a single point access to Chubbuck Road. Hartland Estates
by the round-a-bout on East Chubbuck Road,their main point of access is the round-a-bout.They can go
down Brundage Street and Mountain Park Road to Hiline Road.The round-a-bout on Hiline Road is the
access for the historic part of Mountain Park, Bluebird is sometimes closed in the winter because of the
grade.Also the 3 access roads off of East Chubbuck Road service probably 160 acres of residential
development.The city does not look at this proposed development as being a unique situation.
• Master Plan for secondary irrigation.
Burch:The developer would not have been required to put in the dry lines 2 years ago.This is a major
improvement.
• When is a second access required?
Burch: Current code is when there are 90 lots then there needs to be a second access.That is driven by
emergency services and fire code.This application with the existing homes is 56 homes.
• Hammerhead turnaround is a concern.
Burch:The hammerhead turn around meets city code. It does allow emergency vehicles and sanitation
trucks to turn around.3 point turns would be used by the vehicles. Driveways will be on the other side
of the turn around. Homeowners cannot use it as a driveway.
• Why is the sewer coming between the 2 homes?
Burch:The sewer that services the last 12 homes that were developed comes down Jake and Hunter
Avenues.At the end of the existing development the sewer is only 3 to 4 feet deep.The applicant looked
at an agreement with the Johnson, it fell apart. So another way was to tie into a manhole on
Constitution Avenue, making the service 8 to 9 feet deep.A 3 to 4 feet deep sewer service is
unbuildable.
Mendenhall entertained a motion. Stoddard moved for a recommendation of approval to the City
Council of the Preliminary Plat. Blackinton seconded.
Roll call vote: Brady Smith,Yes;Todd Blackinton,Yes;Carrie Holm,Yes; Mike Schwartz,Yes; Dan
Stoddard,Yes;Jason Mendenhall,Yes. Motion passed with recommendation to City Council.
Old Council minutes will need to be requested from the City Clerk with a Record Request.
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Dusty Chlarson, 5141 Jake Avenue,spoke to Andrus after the Public Hearing and let him know he never
received notice in the mail.
GENERAL BUSINESS
1. Elect Commission Chairman and Vice-Chairman for the term ending May 31, 2017.
Mendenhall opened the floor for nominations.
Blackinton nominated Mendenhall for Chair and Stoddard for Vice-Chair.Schwartz Seconded
All voted in favor.
Burch asked Holmes to explain what happened when an application meets code but is denied.
Holmes:There has to be criteria in the motion or discussion with why it failed.
Short discussion on the importance of all commissioners attending meetings.
Mendenhall entertained a motion to adjourn; Blackinton moved to adjourn.Schwartz seconded.All
voted to adjourn at 9:15 pm.
son Mendenhall, Chairman
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R nelle Simmons,Administrative Assistant
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