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HomeMy WebLinkAbout009.11.18 City of Chubbuck Land Use and Development Commission Meeting Minutes September 11, 2018- 7:00 pm Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone Avenue, on September 11, 2018. Chairperson Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Rebecca Berls, Brady Smith,Thais Ayre, Carrie Holm, and TJ Budge. Planning and Development Director: Devin Hillam, Public Works Director: Rodney Burch, City Planner: Paul Andrus. City Attorney:Tom Holmes, Office Administrator: Ranelle Simmons Chairperson Mendenhall called the meeting to order at 7:00 pm. Mendenhall led the commission in the Pledge of Allegiance. Mendenhall asked if any commissioners had a conflict of interest within the items before the board tonight. Smith has a conflict with item #1 in General Business. Ayre with item #2 in Public Hearing. Budge with item #1 in Public Hearing. APPROVAL OF THE MINUTES: Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved the minutes of August 14, 2018 regular meeting and August 23, 2018 study session meeting be approved as emailed; Holm seconded.The full authority approved. GENERAL BUSINESS 1. Application for Park Meadows Div. 10 Preliminary Plat covering 3.82 acres consisting of 16 lots. Located Southeast 1/4 Section 9, Township 6 South, Range 34 East of the Boise Meridian, City of Chubbuck, Bannock County, Idaho. Location is a portion of Galena Ave. and Pinewood Ave. South off of W Chubbuck Rd Type of Action: Recommendation to the City Council (action item) Brady Smith, Rocky Mountain Engineering and Survey, 600 East Oak Street Pocatello, ID 83204. History is that in about 2007 this subdivision was started on a larger scale. Utilities were installed and accepted by the City of Chubbuck. Park Meadows 10th was divided into 2 sections and Park Meadows 14 was built. This is a twin home development that follows the PUD lot size requirements in the ordinance. Galena Avenue currently has a street width of 47 feet back to back which is below the current requirements. Pinewood having 32 foot back to back street width which is below the 37 foot requirement. Applicant is asking for a waiver of those two street sections. In the meeting packet the review by the engineering department had six items that needed to be addressed. Those six items have been taken care of. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2018\009.11.18.docx 1 Smith addressed secondary irrigation in this subdivision.The city never secured the water rights when this subdivision was first started. If the rights are not secured they go back to Fort Hall Irrigation Project. So there are no rights in 4 to 5 phases of Park Meadows Andrus confirmed that city staff supports the waivers and the other items on the list have been satisfied. Mendenhall entertained a motion. Stoddard moved to recommend approval of the preliminary plat based on the engineering conditions being met specifically the road widths on Galena and Pinewood. Ayre seconded. Roll Call Vote:TJ Budge. Yes; Rebecca Berls,Yes;Thais Ayre,Yes; Mike Schwartz, Yes; Carrie Holm,Yes; Dan Stoddard,Yes;Jason Mendenhall,Yes. PUBLIC HEARING 1. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to include approximately 950 acres of land and to designate said land as Commercial and Mixed Use. The subject property is located within the E 1/2 of section 35 and the W 1/2 and SE 1/4 of section 36, Township 5 South, Range 34 East; in the E 1/2 of section 2 and N 1/2 of section 1, Township 6 South, Range 34 East; in the NW 1/4 of section 6, Township 6 South, Range 35 East; and in the N 1/2 of section 31, Township 5 South, Range 35 East, of the Boise Meridian. Subject property includes the following Bannock County tax parcels: R3853000516, R3853000409, R3853000413, R3853000411, R3851001402, R3803057106, R3803055602, R3803057200, R3805002500, R3805002600, and R3853000514. The general location is approximately 1/2 mile north of Chubbuck Road and East of Interstate 15. Action Item: Recommendation to City Council Lavelle Rupp, PO Box 5604 Chubbuck ID. 83204 is one of the trustees of the family's trust. He is also one of the owners of the property on the east side of the interstate. Mr. Rupp shared some of the history of their property. The Rupp family for the past 2 to 3 years prior to mom passing a year ago have wanted to be in the City of Chubbuck. So the trustees have approached the City of Chubbuck and applied to have their land be included in the future development of Chubbuck. This administration is now designing and building the future of the City of Chubbuck. Mendenhall asked if any board members had questions for Mr. Rupp. Berls asked what Mr. Rupp's feelings were toward the City of Pocatello. Mr. Rupp commented it's a long story between him and Pocatello. Not sure if he wants to get into it. Pocatello is having some problems with water and they know that his family has a water source. They are in the process of trying to get Bannock County to renegotiate a new City Impact Area in Pocatello which includes their land. Mr. Rupp has hand delivered a letter to Bannock County Commissioners letting them know he is against this recommendation and in the letter he let them know that they have applied for annexation into Chubbuck. Mr. Rupp went on to say that J:\Planning\LUDO\LAND USE SECRETARY\Minutes\Minutes 2018\009.11.18.docx 2 it Chubbuck has been very good to work with and willing to help. In the last 31/2 years Mr. Rupp has worked with the Northgate project, the Millennial Group, Portneuf Development Group, City of Pocatello and Bannock County and there has not been one person that has asked what the Rupp family wants to do with their property but instead has said this is what we are going to do with your property and your water. The Millennial Group's water need will come first and the Rupp family will not get any water for approx. 5 to 10 years. Mr. Rupp asked what would happen if he needed his water in 1 to 2 years and was told this is the way it is going to be. That was the final straw for the family and gave them the direction they needed to go. No questions from the commission. Mendenhall asked if city staff had any additional information. Andrus pointed out the report is there and this is the first step to be put on the Future Land Use map so the application will be consistent with the Comprehensive Plan. Mendenhall opened the public hearing. No public comment. Mendenhall closed the public hearing bringing the meeting back to the commission. Berls commented that in the beginning she was ethically torn but after hearing the comments tonight where the family was trying to be forced as a landowner. They should have the right to choose and should be designated into Chubbuck. Mendenhall entertained a motion. Schwartz moved to recommend to City Council the approval of the amendment of the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to include approximately 950 acres of land as proposed by Mr. Rupp and to designate said land as Commercial and Mixed Use. Berls seconded. Roll Call Vote: Rebecca Berls, Yes;Thais Ayre, Yes; Carrie Holm,Yes; Brady Smith,Yes; Mike Schwartz,Yes;Yes; Dan Stoddard,Yes;Jason Mendenhall,Yes. 2. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. The subject property is located within the N 1/2 of section 2, Township 6 South, Range 34 East, of the Boise Meridian. Subject property includes the following Bannock County tax parcels: R3853000504, R3853000506, R3853000507, R3853000508, and R3853000509. The general location is east of Hiline Road, west of Interstate 15, and north of Chubbuck Road. Action Item: Recommendation to City Council Hillam represented the application. Designation of this land requested by Terraventure is part of the process which satisfies the qualities of the Comprehensive Plan. All of the Terraventure properties will be designated commercial.There has been no comments from public entities or the public on the petition. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2018\009.11.18.docx 3 ii Mendenhall opened the public hearing. Kirsten Rupp, 11755 N. Buffalo Road Concerned with her home being next to commercial property. What are her options to not live next to a gas station? Mendenhall closed the public hearing. Hillam answered Kristen Rupp's question. A mixed use zone is very strong on encouraging compatibility between our different land uses. The ordinance has sufficient buffers between residential and nonresidential zones. Budge added there are controls in place for when development happens to address development on a case by case basis. Mendenhall entertained a motion. Smith moved to recommend to City Council to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. Stoddard seconded Roll Call Vote: Brady Smith,Yes; Dan Stoddard,Yes; Rebecca Berls, Yes;Ti Budge,Yes; Mike Schwartz,Yes; Carrie Holm,Yes;Jason Mendenhall,Yes. 3. A request to amend Title 18 of Chubbuck City Code, Land Use Ordinance,to add a new zoning district,the Mixed Use (MU) district providing for the purpose and intent of the section, special provisions including selective modification of municipal standards, qualifying locations and area requirements, overall net residential zone density, minimum lot area, periphery design, pedestrian realm design, land use designation areas, and relationship of the zone to other land use controls; providing for the manner in which the zone may be established and effectuated through the submission of master development plans, design book reviews, and conformance with approved plans; providing for development and design standards which address issues related to common ownership or control, appropriate mix of uses and careful location of nonresidential uses, excellent bicycle and pedestrian pathways and trails, peripheral location of collectors and arterials, ownership and maintenance of common open space and property, and prohibiting gated communities; providing for building and architectural designs and standards related to unencumbered building areas, clustered buildings, like uses facing like uses, landscaping requirements, buffering nonresidential uses from residential uses when desirable, requiring underground utilities, recreational and other vehicle storage, requiring an architectural control committee, a diverse and interesting product mix, corner lot designs, single-family residence sidewalks and setbacks, garage placement, multi-family housing designs, ground level aesthetics, residential frontage locations, building heights, lighting, parking, signage, and open space. Action Item: Recommendation to City Council J:\Planning\LUDO\LAND USE SECRETARY\Minutes\Minutes 2018\009.11.18.docx 4 Hillam represented the applications. The Mixed Use (MU) zone was before Land Use Commission in a study session last month and the packet has included all information regarding the zoning. The analysis of how this zoning is compatible to the Comprehensive Plan has been provided in the packet. No public or political subdivisions have commented on this application. Some changes were made after a study session with Land Use commission and a study session with City Council. Hillam went over those changes. Budge and Hillam discussed discretionary power that is noted in 18.20.030. Berls asked who would oversee structure and making sure there are no problems like Daybreak is having with permeable soil. Hillam noted the engineering department will be very diligent using the standards that are in place. Stoddard wondered if an application for a cell tower in a Mixed Use (MU) zone was submitted how would it be handled. Hillam stated the compatibility with the existing land uses around it would be looked at. Cell towers are highly regulated by the federal government as to what the city can and cannot do. Those guidelines would need to be followed. Mendenhall opened the public hearing. No public comment. Mendenhall closed the public hearing bringing the meeting back to the commission. This is a recommendation to City Council. Mendenhall entertained a motion. Stoddard complimented city staff on the thorough job in preparing this application. Stoddard moved that the City Council approve this amendment to Title 18. Smith seconded. Roll Call Vote: Carrie Holm, Yes; TJ Budge, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Thais Ayre, Yes;Jason Mendenhall, Yes. Mendenhall reminded the board that there is a second meeting this month, Tuesday September 18th Mendenhall entertained a motion to adjourn; Schwartz made the motion. Ayre seconded. All voted to adjourn at 7:48 pm. a Jason Mendenhall, Chairperson _ ' \ I Ran,elle Simmons, Office Administrator J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2018\009.11.18.docx 5