HomeMy WebLinkAbout007.09.19City of Chubbuck
Land Use and Development Commission
Minutes
July 9, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
Board Members Present: Chair Jason Mendenhall, Rebecca Berls, Thais Ayre, Carrie Holm, Brandon
Jackson, Brady Smith and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior Planner
Don Matson, Planner Paul Andrus, Community Planning and Economic Development Director Devin
Hillam, Office Administrator Kami Morrison.
Mendenhall called the meeting to order at 7:00 pm asking Budge 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: June 11, 2019
Mendenhall entertained a motion to approve the minutes as emailed. Budge moved the minutes of June
11, 2019 meeting be approved as emailed; Holm seconded. The full authority approved.
PUBLIC HEARING
Adding a new chapter 18.34 to Title 18, Land Use of the Chubbuck Municipal Code for the
Creative Community- Harvest Springs (CC -HS) zoning district and to set forth land use and
development regulations within said district. Type of Action: Recommendation to City Council
(Action Item)
Applicant Ryan Satterfield presented code section of zoning change being requesting. Have inserted
definitions that were not previously there. Will likely be additional tweaks. Want to answer all questions
from Commission and receive feedback before it goes to Council.
No questions from Commission
Matson, Senior Planner, staff presentation. Changes to code include clarification between duplex and
twin homes and zero lot line developments. Differences were explained to the Commission. Matson
also explained different setbacks required for creative community zone as well as cross sections and
alleys that have all been discussed with Public Works, Police and Fire.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the Commission.
Mendenhall entertained a motion. Budge moved to recommend city council approve new chapter,
18.34 to Title 18, into municipal code. Ayre seconded.
With all Commission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes;
Jason Mendenhall, Yes. Motion carried.
PUBLIC HEARING
2. Variance at 367 Chesapeake Ave. from setback requirements for expansion of garage. Zoning
district is R-1. Proposal to be evaluated against criteria established in City Code 18.28.030 and
18.28.050 and Idaho Code 67-6516. Type of Action: Decision (Action Item)
Nolan Jacobs, applicant and land owner. Would like to expand from a single car garage to a double car
garage. Would also like to expand setback to just under 10 feet on railroad/greenway side of home. Mr.
Jacobs posed several questions to Commission:
• If city feels hardship please explain why.
• Was a hardship identified by anyone else? No one contested.
• If allowed to build how would it be different than what they currently have vinyl fence/vinyl
siding.
• If other properties been granted variances to property line if so what were conditions met to
allow that.
Other points made by applicant:
• When existing car garage was built city code required 20 foot set back. Builder got permission
to get 17 feet.
• Unique property lot, not adjoined to any other structures or properties.
• Approximately 30 feet from fence to railroad property.
• One concern city had was storm water run-off onto city property. Requested explanation on
how that would differ from what is currently on the property now. Surface area is the same and
could have extension of rain gutters.
Commission asked questions regarding distance to property line of 12 feet and setback of 5 feet.
Budge complimented application. Asked if it would be feasible to expand to stay within setback. Jacobs
stated would only extend 7 feet. Probably not worth time to expand that far. Budge stated that under
the law there are no circumstances that would allow a variance.
Andrus, Planner, staff report. Each Commissioner received a supplementary hand out on variance code
with a staff analysis of the review criteria. Code is pretty specific on what is required. As reviewed, Staff
hasn't found it meets any of the criteria that allow a variance. Reviewed numerous requirements in code
that applicant doesn't meet. Staff doesn't find it satisfies grounds. Application is sought for
convenience. Does not satisfy requirements of private hardship. Already encroach on property behind
and are asking to encroach further. Would remove vehicles parked on roadway but no public benefit to
that claim. Also indicated, that there are others who would like to expand to greenways and have
asked.
No questions from Commission.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the Commission.
Budge stated he appreciates desire for variance and can see reason and benefit. Applicant made
compelling argument however, Budge doesn't think the criteria of the law would allow for approval.
Several Commission members agreed.
Mendenhall entertained a motion. Berls moved to deny variance request as it fails to comply with city
code. Smith seconded.
With all Commission members understanding the motion they voted.
Roll Call Vote: Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie
Holm, Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion carried.
PUBLIC HEARING
Proposed amendment to sections 18.08.010 and 18.08.040 to require a conditional use permit
for a duplex unit if proposed in an existing development and not if disclosed on the preliminary
and final plat in a new development. Type of Action: Recommendation to City Council (Action
Item)
Hillam, Community Planning and Economic Development Director, staff report. Conflict in city code
identified in previous application. Conflict in code is duplexes are stated as conditional use in one
section and fully permitted use in another. Staff is proposing, as drafted in ordinance, to change
similarity for duplex to match abutting zero lot line residence. If disclosed on preliminary and final plat,
duplexes would be permitted use. If not disclosed, duplexes would be conditional use.
Commissioners asked questions regarding density, setbacks, and ownership.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the Commission.
Budge questioned what section of code had setbacks for duplex. Commission and staff then reviewed
requirements of lot size and number of dwellings. Commission voiced concerns regarding duplexes
being allowed in R-2 and R-3 designations. Suggestion was made that duplexes should be conditionally
permitted in R-2 not automatically permitted.
Holmes, reasoning behind if shown on plat, people are aware of those distinctions.
Mendenhall entertained a motion. Berls moved that section 18.08 of Chubbuck City Code be amended
to reflect that duplexes be conditionally permitted in R-2 zones. Budge seconded.
With all Commission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm,
Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion carried.
GENERAL BUSINESS
1. An application for a preliminary plat for the Brookstone Estates Subdivision, Divisions 8 and 11.
Applicant proposes to subdivide 8.6 acres into 35 residential lots. Property is in the SE % of
Section 5, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located
north and west of Brookstone Street and south of the Church Lateral Canal in Chubbuck, Idaho.
Current zoning designation on the property places it in the Limited Residential (R-2) and Limited
Residential — P (R -2P) land use districts. The Comprehensive Plan Future Land Use map
designates this area as Medium Density Residential and Mixed Use. Type of Action:
Recommendation (Action Item)
Paul Snarr, Eagle Rock Engineering, 1331 Fremont Ave., Idaho Falls. Firm submitted preliminary plat for
Brookstone subdivisions 8 and 11. Final submissions show they extended Reeds Road through and
shifted east lot lines. Here seeking approval from Commission.
Berls questioned if running gas to homes. Snarr confirmed they were.
Budge asked about Reeds Road and the number of lots to serve without a secondary access. Senior
Planner Matson confirmed can serve up to 90 on temporary basis for fire code and 30 on permanent
basis. Lamar will eventually provide second access.
Commissioners discussed future improvements and access to Reeds Road, irrigation rights, and park
construction by developer.
Additional discussion about finishing Lamar Street connection. Future plats will address completion.
Mendenhall entertained a motion. Jackson motioned to recommend approval of application as
presented. Smith seconded.
Roll Call Vote: Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm,
Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion carried.
Special Study Session August 6th, will look at Northside Crossing Creative Community Master Plan, zoning
district code and plat at 7:OOpm. Regular meeting on August 13th, should have first plat for Harvest
Springs.
Mendenhall entertained a motion to adjourn; Holm made the motion. Ayre seconded. All voted to
adjourn at 8:06 pm.
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ami Morrison, Office Administrator