HomeMy WebLinkAbout006.11.19City of Chubbuck
Land Use and Development Commission
Minutes
June 11, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls,
Thais Ayre, Carrie Holm, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes,
Public Works Director Rodney Burch, Senior Planner Don Matson, Community Planning and Economic
Development Director Devin Hillam, Office Administrator Kami Morrison
Mendenhall called the meeting to order at 7:00 pm asking Berls to lead 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 recused himself from Public Hearing item #1.
APPROVAL OF THE MINUTES: May 14, 2019
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
May 14, 2019 meeting be approved as emailed; Schwartz seconded. The full authority approved.
PUBLIC HEARING
1. An application for a Change in Land Use District from Agriculture (A) to the Creative Community -
Harvest Springs zoning district (CC -HS), and approval of a Master Development Plan on
approximately 267.07 acres of land. Subject property is in Section 35 Township 5 South, Range 34
East of the Boise Meridian, Idaho, generally located north of the Siphon Road extension to 1-15,
east of Hiline Road, south of the Tyhee Road alignment, and west of 1-15 in Chubbuck, Idaho. The
Comprehensive Plan Future Land Use map designates this area as Commercial, Mixed Use, and
Low Density land uses. Type of Action: Recommendation. (Action Item)
Applicant is Ryan Satterfield. Harvest Springs Development encompasses about 270 acres off of the
new Northgate interchange area tying into Hiline Road. Proposing number of different zoned areas.
Majority residential use still considered mixed used. Within each separate zoning section will be
portions considered commercial use. Four different areas, yellow on map is residential area. Two
areas under village zoning, mostly residential. Green in center, town zoning, is community center.
Will have shopping and some residential over retail set ups. Red is business and research park
zoning, more commercial zoning and some high density residential. Next map is concept plan
showing different densities, trail areas and different neighborhoods inside project. Will have alley
way access homes where homes will front onto a street or open common space. There will also be
traditional style housing with garages set back. Rough calculations, maxed out on density at 1375
units, with minimum density of 900. Will be within that range. Also request for flexibility as
commercial develops which will affect residential. Limits to how big a commercial building can be.
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Not looking at big box stores. Just under SO acres of open space and a system of trails around and
through project. Trails are paved biking/walking paths. Also trail along Hiline canal that will
ultimately tie in with future development. Another part of open space is a lake area in lower part of
development, Harvest Lake, to allow recreation and community gathering space. Will have parking
area and facility to get paddleboards and kayaks. Survey map shows contours and some grades they
will be working with. Also flood plain that goes through two different sections. Plan to do
additional analysis on those flood plains. Will do elevation analysis to further define and will
hopefully allow for housing to be built through those areas. Additional amenities to tie in: dog park,
splash pad, incorporating creative concepts with interactive street art, community garden and water
activities at lake.
Budge, referenced Buffalo Creek Road that goes down through the flood plain, asked if engineering
was in place that would direct flood waters out of road. Satterfield replied they haven't analyzed
that yet. Having roads in flood plain not a huge concern as long as water flows calculated to be
handled. As roads are built up elevations will change and through approval process construction
documents will make sure waters are received. Budge also asked for status of master plan
covenants and development agreement. Satterfield stated they have a master covenant that will be
over entire project. Master Covenant and Development Agreement are both currently being
worked on. When they do an individual neighborhood and submit for preliminary plat those will
have individual neighborhood covenants that will apply just to that specific neighborhood. Right
now just broad covenants.
Berls, asked for numbers on maintaining lake. Satterfield stated hard to pinpoint but are currently
working on first plat that will include lake. Once they get better design info will have more firm
numbers.
Holm, asked about any new developments on access to Northgate from Harvest Springs. Satterfield
stated they are still working with property owner. Concern there is making sure wherever road
comes through, accommodates their plans which have not been finalized yet.
Matson, staff report, explained phasing plan and that project will start on west side of Hiline road
and later phases would be connection to south, then proceed up hill. Said all flooding and water
issues are addressed in title 2.
Berl, question regarding alley ways and permeable soil. Matson stated this hasn't been a particular
discussion point yet. Hard to know without design. Every alley would become city property.
Mendenhall, question about "not applicable" and "will be addressed at future date" comments in
report in regards to bus routes. Matson stated that no current bus routes so yes, those issues will
be addressed when the time comes.
Mendenhall opened public hearing.
No comments from public, Mendenhall closed hearing, bringing the meeting back to commission.
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Budge, noted it's important that we set the right standard going forward. In favor of approval.
Holm, commented just a zone change, will come up a lot in future. Step one of the process.
Matson, stated commission will see second creative community presentation next month. Received
another application.
Mendenhall entertained a motion.
Schwartz moved to approve the application for change of land use district from agricultural to creative
community harvest springs zoning district. Seconded by Berls.
With all commission members understanding the motion they voted.
Roll Call Vote: TJ Budge, Yes; Rebecca Berls, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm,
Yes; Brady Smith, Abstain; Mike Schwarts, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes.
2. An application for a Conditional Use Permit for an assisted living facility in a C-1
Limited Commercial Zone. The subject property is located Lot 1 Block 1 Northside Crossing
Subdivision, Chubbuck, Idaho, generally north of Siphon Rd, east of railroad tracks and west of
Whitaker Road extension. The proposal will be evaluated against criteria in City Code
18.28.040C. Type of Action: Decision (Action Item)
David Ruby, 499 Main St. Boise ID, on behalf of the applicant. Proposed site is north of Siphon Road,
railroad tracks to the east. Southern tip of the Northside Crossing Development. Proposed construction
of single level assisted living and memory care facility. Site plan fronts pretty close to Siphon potentially
renamed to Northgate Parkway. Approximately 71,000 sq. feet of enclosed space. Four courtyards with
interior patio and amenity spaces. Likely additional future units. When open will have approximately 65
assisted living units and 22 memory care units. Main kitchen for whole facility. Memory care on west
side with separate entrance. Size is sustainable not too large. One large open common area and
amenities when entering. Corridors connect to all rooms throughout the facility. Controlled access in
memory care area. Single level stucco and manufactured stone. Fourth of very similar type building,
closest one is by St. Lukes in Twin Falls. Corners accented with stone also featured in middle and entry
with gabled roof. Client has done market studies that show high demand for this type of facility.
Finishing drawings today and tomorrow, hope to submit for building permit soon.
Budge, asked for plan for constructing Whitaker and Aurora. Ruby believed Aurora was called to be
future but stated all are going to be constructed by time they open. They figured out turn around in
interim but stated it was something to do with utility routing through aurora. Everything seen on plan is
what will be there when they open in roughly a year.
Matson, commented commission will see Aurora next month on preliminary plat.
Hillam, staff report, upon review of criteria staff did not find any cause to request condition. Has gone
through design review and they are working through technical aspects. Do not see any traffic issues.
Good use of land. No concerns with review criteria.
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Mendenhall, question regarding review criteria number 14 referring to storage shed. Hillam stated that
item needs corrected, was left over from next item, does not apply.
Ayre, asked about impact on emergency services. Hillam stated that is part of design review committee.
Will be subject to impact fee. Will be long term maintenance costs but typically property taxes absorb
those. No issues regarding access, etc.
Berl, asked if all design review requirements been met? Hillam, yes, site plan addresses items that were
discussed.
Smith, asked to have summary of design review notes. Hillam stated those are on pg. 38 of packet.
Holm, asked what side rooms with patios are on, question for applicant.
Mendenhall opened hearing.
Darris Ellis, 4470 Wasatch Street. In favor. Went to Twin to look at building, top notch facility. Very well
done. Recommend as positive especially for tax base.
No other public comment, hearing was closed.
Mendenhall asked applicant back up to address previous question. Railroad tracks located on west side
and they face the memory toward that direction because they can't have the access in and out. Patio's
on north and west side and few on front. Most of front is administrative.
Mendenhall entertained a motion.
Jackson moved approve conditional use permit. Ayre seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; TJ
Budge, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes.
3. An application for Conditional Use Permit for a storage building in a C-2 General
Commercial Zone. The subject property is located at 4563 Burley Drive, Chubbuck,
Idaho. The proposal will be evaluated against criteria in City Code 18.28.040C. Type of
Action: Decision (Action Item)
Applicant is Tari Jensen, would like to build more storage units. Applied to do this a couple years
ago, city shut down to rezone. One problem on site, first building on corner of Evans is owned by a
construction company. Weeds are a real problem. Would like to put another row of storage unit
where RV's are. Would look cleaner and nicer. Units are 100% full 99% of time and receives 4-5
calls/week people wanting storage units. Huge need. Would like to expand. Bought property
across street but told wouldn't be able to because hadn't applied before zoning was changed.
Nowhere else to expand.
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Budge, asked if lot was fenced. Jensen replied that yes it is, with chain link. Building next door with
daycare in it, mounted a mesh type fabric and created a shady area for kids on her fence. Might like
just a wall. People come in and out of storage unit and can see all the kids. People can watch her
clients and see everything they are putting in units. Would like to make it a little more private for
everyone.
Schwartz, asked about access and if new units would be similar to existing ones. Jensen stated new
ones would have access off of Burley Drive, left space in back to turn around and get out.
Smith, confirmed turn around space. Jensen confirmed.
Jackson, asked if new units were mirror image to existing. Jensen stated they are a little different.
Some a little smaller. Tried to stagger so there is enough room. Jackson asked draining water off
roof onto other property. Jensen stated there will be site drainage. Paul Bastian completing that
work. One complaint letter from construction company, that the new unit would block all the
windows of his building. Jensen stated that isn't true, may block one but all other windows are
open. His current view is storage sheds.
Hillam, design review completed, addressing storm water retention. Shield and lighting addressed
with building permit. Permit needs to be issued as well. Conditional Use Permit really is intended to
determine if use is appropriate in vicinity. Two letters in packet, one from Mr. Harris regarding
visibility from office. Both parcels zoned C2. No rear or side yard setback. Second comment about
going against trend of commercial within area. Storage units aren't ideal in downtown, in light of
site, do not see any major significant issues. Structure itself does not have frontage on Burley or
Evans. Impact is minimized, increased downtown compatibility. Third contention was the city has
denied other storage units within proposed downtown, not accurate. Other aspect, house
watchman parks away from front of outset. Both streets are public streets. No issue there from city
code perspective. Residential zone across street, comprehensive plan designates residential as
transitioning use for area. Did not identify any issues that would not satisfy the review criteria nor
would conflict with comprehensive plan.
Schwartz, asked about setbacks and drainage. Hillam stated those will be addressed from building
code standpoint. Storm water control system will also address.
Budge, follow up question on setbacks, rear overhang on roofs inside property boundary, drainage
action taken. Hillam stated Portneuf Valley Storm Water Design Manual requires all storm water
retained on site.
Mendenhall opened public hearing.
Nick Jensen, in favor. Family business, units full want more space. Water retention being
addressed, Paul Bastian working on it. Appears from talking to Paul today, what Harris will probably
see is storm water pond, generally located in front of office. Storage units aren't most esthetically
pleasing but are high function.
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Darris Ellis, 4470 Wasatch Street, in favor. Received a lot of letters from city when rezoning area
which promised home owners and business owners already there they would be grandfathered in.
Thinks it's great, good for business. The city needs to keep promises to people that businesses
would not be affected by zoning changes.
With no further comment Mendenhall closed the hearing bringing meeting back to commission.
Smith, echo comments from Ellis and Jensen. Not a perfect scenario because of how things are
shifting for downtown outlook. Way for city to still honor that grandfather mind set and allow
workable solution. Not hinder abilities with property they own.
Berls, agrees with Smith thinking about neighbor being upset about them being so close to property
line. Should be allowed to do same.
Holm, with daycare there, nice to have wall there.
Mendenhall entertained a motion.
Budge moved to grant application. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Brady Smith, Yes; Mike
Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes.
GENERAL BUSINESS
1. An application for a preliminary plat for the Southwest Townhomes Division No. 1.
Applicant proposes to subdivide 9.14 acres into 39 lots: 37 residential duplex lots and 2
common lots. Property is in the SE % of Section 3, Township 6 South, Range 34 East of the
Boise Meridian, Idaho, generally located on the east side of the Union Pacific Railroad and
Highland Storage, north of Chubbuck Road and west of Whitaker Road in Chubbuck, Idaho. Current
zoning designation on the property places it in the Limited Residential (R-2) land use district. The
Comprehensive Plan Future Land Use map designates this area as Medium Density and Mixed Use
development. Type of Action: Recommendation.
Applicant is Blake Jolley, Connect Engineering. Proposing single family attached homes with zero lot line.
Discrepancy noticed in current code concerning duplexes. Reference code that states duplexes may be
conditionally permitted and again where duplexes are noted as permitted. Jolley stated not asking for
duplexes but proposing zero lot line residences and was their intent from the beginning. Plat commission has
in original packet, went back and put lot lines in. Zero lot line densities are set in code, says 6,000 for first
household but 2500 each additional. Lot total for the two would be 8500 sq. feet or larger. Most lots are
larger than 8500 sq. feet. Staff report stated recommendation for 39 lots, when lines are in will increase
number of lots. Plat shows 75 lots, 72 will be zero lot line. Also providing for two complete full accesses, one
to Whitaker and one to Chubbuck Road. Private drives wide enough for parking on one side. Adequate
parking inside and outside garages. Asking for approval with condition to show zero lot lines identified tonight
to be shown on final plat.
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Holm, asked if still proposing to maintain ownership of private street. Jolley stated yes.
Smith, asked how close street gets to the corner lots. Jolley stated worked with platting staff, looking for no
less than 8ft. Increased so all exceed 8' on corner lots. Can double check but did address that question with
staff.
Mendenhall, questioned if access on Whitaker and Chubbuck also privately maintained. Jolley, stated that was
correct. Request for additional right of way given, lot 26 dedicated right of way, access beyond that will be
privately maintained.
Budge, stated his firm represented homeowners who opposed last development. Has not been contacted by
any of them and is not representing them, that's why still participating. Questioned zero lot line, would like
plat approved shown on screen not one included in packet. Jolley confirmed. Stated as they noticed
discrepancy in code, added zero lot line. Budge confirmed that other than adding zero lot lines it was identical
to plat in packet. Jolley confirmed stated only difference is lot down center. Budge asked about comment
about single ownership if anticipating condition that prohibits sale of individual lots. Jolley stated intent is to
keep single ownership. Part of HOA would be such that if this was going to be sold individually an HOA would
be required and need to be in full function before lots are sold. No discussion to try and sale by lot. Budge
asked if purpose of single ownership was to know roads will be maintained. Jolley confirmed. Budge
reaffirmed they are requesting approval with conditional all single ownership and if ever changed, HOA
formed at that time to provide maintenance to be reviewed by city. Jolley confirmed. Question about
easement width, code states 50-55 ft. These are 34 %. Jolley stated where private and not city streets,
considered an access road, therefore requirements different. Hillam stated has been reviewed by fire,
sanitation and public works, similar to standard local streets now, didn't see any issues. Budge questioned if
setbacks measured from lot boundary or street. Jolley stated they looked at from street instead of lot line.
Street more restrictive. Should meet or exceed minimum.
Smith, if condition executed in future, and HOA is set up are all taking care of a little piece of each lot? Hillam,
intent is to request that be in place by the time final plat is submitted, stated provisions would be in place if
anything happened to lots it would trigger the HOA. Smith clarified that operations would then just be
transferred from private ownership to HOA with same stipulations.
Stoddard, asked if single ownership is implying all are rental units and questioned if there was on site
management. Jolley stated, yes to rental units and that no on site management. Have project a mile and a
half away by Home Depot, same owners, have on site office there.
Schwartz, questioned ratio of parking spots to housing units. Jolley stated minimum requirement is two per
unit and they exceed that, one in garage, one outside of garage and on street. Parking on one side of road.
Berls, asked if sidewalks on both sides. Jolley confirmed.
Schwartz, asked if units backing up to railroad tracks have doors out back. Jolley confirmed they have patios
and will have a 6' privacy fence. Typically white vinyl fence. No gate to railroad. Jolley mentioned he met with
residents that live in home on corner, in direct communication to be best neighbors, maintain safety for kids.
Budge, asked if private road serves any purpose other than allowing lot lines to go to center of roadway. Jolley
stated allows project to be as a whole and keep public traffic out. When you put a public street in lose 50'.
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Staff report, Matson, mentioned condition would like to see added is that final plat has language for HOA.
Fielded several calls from public, some picked up copies of plat. No written comments were submitted.
Mendenhall, asked if city was comfortable with streets if in future asked to maintain. Matson stated that's
why requesting HOA language up front. Burch mentioned street width of 50' or 55' doesn't apply. Physical
improvement of street itself is within % ft. of all other residential streets.
Budge, concerned about creating double standard with developers regarding public vs private streets. Matson
stated not necessarily a concern because private streets are big burden for them to maintain. Maintenance of
road is long term commitment for them. Not prohibited in ordinance.
Applicant, Jolley, in response to Budge regarding setbacks, are to side of street not center.
Budge, questioned if these were public streets would need setbacks. Burch, stated approach was to make
sure we have an equivalent driveway space as in traditional neighborhood. Budge, asked if same surface
width, what purpose does additional right of way serve? Burch, stated adds drainage swell, on public streets
sidewalks built on private property, set back measured from street side, subtract 4' out of driveways.
Additional right of way is storm water control in drainage swells. Budge questioned how storm water control
works in this scenario. Jolley stated in lot 29 in middle, is sized such to handle storm water. Wanted to
mention where within half foot of typically city street, only parking on one side. Most driveways are larger
than 26'.
Schwartz, asked about room for additional parking on east Chubbuck road. Jolley stated posted as no parking
along that street. Hillam, not concerned with excess parking issues.
Smith, stated there was quite a bit of negative resident feedback. Initially were 88 units now down to 72.
Have done what commission directed, to go back to drawing board to fit into R2 zone. Wants to recognize
made a significant difference in density from where were before.
Budge, appreciates developers coming back with more fitting plan and addressing access concerns. Concern,
single ownership is peculiar and odd. If remove lot lines it's is an apartment complex which is not permitted.
If approved preference would be to require covenants up front. Other concern is potential conflict over
private roads. If development had regular right of way and met same standards as public roads would be on
board. Seems private road is there to try and skirt requirements of subdivision.
Jackson, echo Budge's comments with more emphasis on HOA. No way this will remain single owner. Going
forward have got to require bulletproof language in HOA to make sure each lot pays share to maintain.
Smith, also concerned about HOA and funding. Budge, built into covenants. Satisfactory way to address,
require covenants up front. Mandates maintenance and gives city leverage to take over if not up to standards
Budge, motioned to recommend denial on basis of city code requiring 50' or 55' right of way on residential
streets. Does not meet standard. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Holm, Yes; Dan Stoddard, No; Brady Smith, No; Brandon Jackson, No; TJ Budge,
Yes; Thais Ayre, No; Mike Schwartz, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes.
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Motion approved will go before city council in July
Hillam, formally introduced Kami Morrison, as new Office Administrator.
Mendenhall entertained motion to adjourn; Schwartz made the motion. Smith seconded. All voted to
adjourn at 8:41 pm.
ason Mendenhall, Chairperson
/AIZIA' MJffi&'QTI
Kami Morrison, Office Administrator
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