HomeMy WebLinkAbout01.14.20 LUDC minutesIOAH0
City of Chubbuck Land Use and Development Commission
Regular Meeting
January 14, 2020
7:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
MINUTES
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, 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 7:00pm and lead the Commission in the Pledge of Allegiance.
Mendenhall asked if any Commissioners had a conflict of interest within any items on the agenda.
Jackson recused himself from public hearing item #3. Ayre recused herself from public hearing item #4
and business item #1. Budge recused himself from public hearing item #2. Holm recused herself from
business item #2. Smith recused himself from public hearing item #4 and business items #1 and #3.
APPROVAL OF THE MINUTES: November 12, 2019
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
November 12, 2019 meeting be approved as emailed; Schwartz seconded. The full authority approved.
PUBLIC HEARING
An application for a Change in Land Use District from Limited Residential (R-2) to General
Commercial (C-2) on approximately .4 acres of land. Subject property is in the NE % of Section
10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 224 E
Linden Avenue, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this
area as Employment. Type of Action: Recommendation. (action Item)
Item was presented by Devin Hillam, Community Planning and Economic Development Director,
representing the City of Chubbuck and the Chubbuck Development Authority who jointly own the piece
of property for the future Chubbuck City Hall. The petition before the Commission is to rezone
approximately .4 acres which will be part of the larger downtown and City Hall area. Hillam reviewed
the criteria in regards to the rezone; there are very few public subdivisions that would be effected, the
City of Chubbuck being the largest as the applicant. Notices were sent to all other political agencies and
no comments were received back. Proposal doesn't conflict with comprehensive plan. Staff report
includes an analysis of goals, one of which is to direct urban growth to urban infill areas. Staff believes
the area is ripe for infill in regards to the downtown plan. The rezone meets all other criteria. City staff
will come before the Commission next month with a plat for the City Hall site.
No questions from the Commission.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the Commission.
Mendenhall entertained a motion. Schwartz moved to recommend approval of the application to
change the land use designation from Limited Residential R-2 to General Commercial C-2 as requested
Holm seconded.
With all Commission members understanding the motion they voted.
Roll Call Vote: Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon
Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion
carried.
2. An application for Conditional Use Permit for light manufacturing, assembly and retail use in a
C-2 General Commercial Zone. The subject property is approx. 8.19 acres consisting of portions
of Lot 1, Lot 2 and Lot 4 of Block 1 Pine Ridge Mall First Addition, Generally located at 4215
Yellowstone, Chubbuck, ID. Type of Action: Decision (action Item)
TJ Budge, representing the applicant, ARX Ventures, LLC. The application is for a Conditional Use Permit
for the Shopko building at the Pine Ridge Mall. Shopko and the mall are separate parcels of land under
different ownership. Applicant proposes some minor modifications to the interior of the building but no
changes to the exterior. There may be some improvements to the facade at some point but no
structural changes. Facility will be used for a light manufacturing/assembly process. The building will
also have a retail store on site. The majority of assembled products will be shipped from the facility. The
proposed facility will have employees involved in manufacturing, research and development, as well as
managerial and administrative roles. The business produces no adverse side effects, no smell, no noise,
and no byproducts or refuse. Vacant commercial buildings are bad for business. As consumer shopping
habits changing, malls are finding ways to repurpose big box stores. The property is currently zoned
General Commercial. Laboratory research and light manufacturing are allowed under a CUP. Budge
reviewed the CUP criteria.
• There are no residences within 300 feet.
• Already designed for commercial traffic.
• No risk of adverse impacts to neighboring businesses.
• Don't have to install utilities.
• Will enhance tax value of property and provide jobs.
• No noise outside.
• More than enough parking.
• Herberger's is currently vacant except planet fitness, nothing else adjoining.
• Aesthetic qualities will be maintained.
• No opposition expressed to date.
Current existing access to the mall from inside will be closed off except for possible emergencies.
Mendenhall asked about shipment schedules that coincide as to not interfere with children coming from
and going to the school next door. Budge commented that there is a shipping dock on the west side of
the building that will be utilized. Specific schedules have not been set yet but the applicant will be
willing to accommodate whatever needs to happen in that regard.
Berls asked about amending the reciprocal easement agreement with the mall. Budge stated they have
reached out to the mall owners and may need JC Penny's approval as well. They are currently working
through that process which is a condition of the lease of the property. If it is not secured they won't
occupy the property at all. Berls expressed concerns about alternative energy and hazardous waste.
Budge explained there are no chemicals used in the product. The product is not in market place yet,
involves patents and is proprietary. They have discussed with city staff the option of including a
condition that if it is different than what is shown on the application the City can ask the applicant to
come back and address those issues.
Other items addressed:
• Projections on job growth are 350 within 18 months.
• Existing electrical utilities are sufficient.
• Five year draft lease has renewal options. As long they are using property in conformance with
CUP, lease will stay in effect.
• Don't anticipate any additional storage space or buildings.
• 833 available parking spaces which is more than needed.
Holm expressed concerns with the school and traffic patterns in that area. Budge explained that the
parking they intend to utilize is less than what Shopko utilized and is a less intense use than is allowed.
Paul Andrus, Planner, gave the staff report. Laboratory and light manufacturing are permitted in the C-2
zone. Staff recommends approval with conditions stated. Letter that was received was sent after the
staff report went out. City will not get in the middle of that civil issue. City does not control shipment
times or frequencies.
Mendenhall opened the public hearing.
In favor:
Don Zebe, 465 Berrett, Pocatello ID, representing mall owner and applicant. Mall owner is not adverse
to the project at all and will do what he can for approvals from JC Penny and Hobby Lobby. Shipments
and deliveries will be in late evening after and prior to school hours. There were more trucks with Sears
Herberg's and Shopko combined than will be in operation for this project.
In opposition:
Nikki Taysom, General Delivery, Pocatello ID, said there are too many unknowns especially with school
kids nearby. Although other stores had more traffic with deliveries and customers there wasn't a school
there at the time. Expressed concerns about production and waste. Stated she is deadly against the
project and that we need to protect our children.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Stoddard questioned DEQ's roll in monitoring the facility. Holmes stated they would deal with the DEQ
separately. The City's involvement would be more in terms of Fire Department, hazardous waste and
storm water discharge.
Mendenhall stated he felt it was a good idea to bring the item back for review to see if what was
presented is what's actually happening.
Zebe expressed concern that the Commission had the wrong perception about environmental issues.
Berls asked for more specifics on the environmental impacts that explain why an industrial hygienist
would not be needed.
James Brainard, 1690 Satterfield Dr., stated this is his factory and design. They will be making a product
that uses no chemicals and no regulated materials. The primary ingredient is aluminum foil. It is not
made on site but comes in on spools and they shape it to their needs to build power products. They
don't use water in process so are not putting anything in sewer line that doesn't belong. The process is
very clean. They expect around 350 jobs with a base wage of $50k. Mr. Brainard stated he has no
problem with inspectors coming by any time. Waste materials are likely to be little bits of foil and paper.
This technology is not something that will be in public view for some years and is transformative
technology. Mr. Brainard's background is in green energy. He founded a successful solar power company
here that he left to start this company. He has many relationships in D.C. with scientists that understand
green energy. Mr. Brainard stated he is proud to help the government be safe, create jobs and help the
community. He anticipates 2-4 semi's per day once in full production. Licensed inspectors can sign non-
disclosures and come in any time.
Commissioners further discussed an additional review of the facility including if it actually needed to
come before the Commission again or if City staff could monitor it, as well as a timeframe. Hillam
stated that the staff could monitor the facility administratively and not bring it back to the Commission
unless there were issues.
Attorney Holmes mentioned that ON Semi -Conductor is right next to a school and there are no issues.
He agreed with the recommendation from staff.
Mendenhall entertained a motion. Berls moved to approve the Conditional Use Permit with the
conditions recommended by City staff and with the recommendation that it will be reviewed in one year
(from date of issuance) by staff and the Commission reserves the right to schedule additional reviews if
necessary upon advice from Staff. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais
Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Motion carried.
3. An application for a Change in Land Use District from Limited Residential (R-2) to General
Commercial (C-2) on approximately 0.69 acres of land. Subject property is in the NE % of Section
10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 4522
Burley Drive and 4520 Burley Drive in Chubbuck, Idaho. The Comprehensive Plan Future Land
Use map designates this area as Employment. Type of Action: Recommendation. (action Item)
Stewart Ward with Dioptra, 4880 Cloverdell, representing the applicant. The request is for a zone
change on property on Burley Drive. The property was purchased by ICCU last year. Two homes were
removed and it is now a gravel lot. The piece to the east houses the storage buildings that previously
came before the Commission for Conditional Use Permits. The surrounding property is all owned by
ICCU and is zoned C-2. The last remaining one is in the R-2 zone. The Credit Union is in the process of
doing a short plat to combine all the properties. City services are already available so no need to extend
services. The C-2 zone is compatible with surrounding zones and conducive with the Chubbuck
downtown area.
Staff report was given by Don Matson, Senior Planner. Nothing new to report. No defined use for the
property yet. Traffic count is very low on Burley, staff recommends approval.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall entertained a motion. Smith moved to recommend approval of zone change as presented.
Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Brady Smith, Yes; Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes;
Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried.
4. An application for annexation of approximately 17.4 acres of land into the City of Chubbuck and
to include the property in the Limited Residential (R-2) Zone, and to change the Zone on
approximately .2 acres of land from Agriculture (A) to Limited Residential (R-2). The
Comprehensive Plan Future Land Use map designates this area as Mixed Use. Property is in the NW
of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The subject
parcels are generally located on the east side of Philbin Road, north of the Redman Lateral Canal
and south of the future alignment of Sawtooth Street in Chubbuck, Idaho. Type of Action:
Recommendation. (action Item)
Mitch Greer, RMES 600 E. Oak, Greer stated they have been working with SEICAA on the project and the
goal is to get it annexed into the City and get the appropriate zoning applied. They originally brought a
project to the Commission in the southern section but had issues with funding. The intent is still to
move forward but had to acquire different property that fit with their grant programs. This is the same
type of development, single family residential in R-2 zoning. The homes will be very consistent to those
in Park Meadows. Development is consistent with the comprehensive plan and City ordinances. The
project is consistent with surrounding uses. The project is ultimately just finishing out what Park
Meadows was going to be at one time.
Schwartz clarified that the .2 acres has already been annexed, which was confirmed.
Budge asked about greenspace between lots and if they are proposing any additional greenspace. Greer
said they are not proposing any additional but will be contributing to the overall park master plan. They
do have small areas reserved for drainage but not necessarily considered parks or greenspace.
Staff report provided by Don Matson, Senior Planner. The west 25 feet was annexed about 12 years ago
and is currently Agriculture zone. Really two actions: one is to annex 17.4 acres as R-2 and rezone strip
on Philbin Road from Ag to R-2. Staff has no issues and support the application.
Mendenhall opened the public hearing.
Opposed:
Nikki Taysom, general delivery, Pocatello ID. Commented that she has several concerns about SEICAA's
involvement and if it's using public tax dollars she is deadly opposed. Expressed that she would like to
know future development plans for the area to the north. Expressed her wish to save farm land and
open space. Taysom stated that supporting public projects with non -profits is socialism.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall entertained a motion. Budge moved to recommend approval of the annexation and
designate it as limited residential R-2, to include .2 acres on west end. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote:; Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan
Stoddard, Yes; Rebecca Berls, Yes Jason Mendenhall, Yes. Motion carried.
BUSINESS ITEMS
1. The applicant proposes a 21 lot Preliminary Plat for 20 single family residential lots and 1
common lot in the Alpine Crossing subdivision, Division 1A. It includes an extension of Pinewood
Avenue west of Independence Avenue for access to this phase. Preliminary plats are evaluated
against certain criteria found in municipal code section 17.12.100.B. Type of Action:
Recommendation. (action Item)
Mitch Greer, RMES 600 E. Oak, representing the applicant. The project will encompass the space that
was just annexed (see above). Project will be a total of 21 lots and one open space lot that will function
as a drainage facility. Lots are very consistent with Park Meadows. Intend to extend Pinewood to the
west. Housing is in short supply. This is a spot that has been developing for many years and makes
sense to finish out to meet demand. Park Meadows has been one of the most successful residential
projects in the city.
All homes will be owner occupied. SEICAA will not be developing rentals. They will be built and sold to
homeowners through SEICAA programs.
Original project was approved as Alpine Crossing Division 1 but wasn't developed. Since this piece will
actually be developed first they are calling it Alpine Crossing Division 1A.
Entire development will drain to the swell. They have done some preliminary grading for that.
Irrigation conversations and plans are on-going. Have started the process of getting access.
Staff report given by Don Matson, Senior Planner. No additional information. Some issues listed are
that it is conditional upon annexation of property and upon Council approval of the plat.
City Engineering Department looking at a pressurized irrigation master plan.
Mendenhall entertained a motion. Schwartz moved to recommend approval of preliminary plat as
presented with staff conditions. Jackson seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan
Stoddard, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried.
2. The applicant proposes an 11 lot subdivision with 9 multi -family residential building lots, one common
lot, and one parcel for street dedications in the Sawtooth Ridge subdivision. The street's parcel will
accommodate widening Philbin Road and extending Sawtooth Road east of Philbin for access to the
property. Preliminary plats are evaluated against certain criteria found in municipal code section
17.12.100.B. Type of Action: Recommendation. (action Item)
Stewart Ward, Dioptra 4880 Cloverdell, representing applicant. Property will extend Sawtooth from
Philbin to the east. Total property is approximately 2.8 acres with 11 lots, 9 of which are multi -family
units. One is a parking lot /recreational area and one for additional right-of-way on Philbin and
Sawtooth. Property was recently rezoned to R-4 in October. The applicant hopes to break ground this
year. Access to development is off of future Sawtooth road. All the lots include a building in addition to
a parking lot. They are proposing an HOA to maintain the parking lot and landscaped areas with a cross
access and utility easement for the parking lot. Water and sewer will be extended from Philbin. Storm
water will be retained on site. Any storm water off the road will go into roadside swales. Areas inside
development are outlined for storm water retention and an additional area in the north east corner for
retention if needed. Sidewalks interior to the development are extended to the city streets. They
stubbed a sidewalk to the east to the School District property for future walkable access. May piggy back
on to the overall master plan irrigation system from Alpine Crossing or would have to build their own
and there are already Ag irrigation rights on the property.
HOA will maintain all the landscaping outside of the buildings plus any of the pavement within the
development.
There is a 12.5 foot buffer between Philbin and sidewalk that will likely be vegetation, similar to what
exist in front of the church with a grass swell and trees.
The developer will be widening Philbin and doing construction of the north half of Sawtooth.
Staff report by Don Matson, Senior Planner. Main concerns are making sure they have irrigation rights
required by code and that the easement on north side of property (partly on this property and partly on
church property) is vacated in an agreement with the easement holder.
Mendenhall asked if the city would be doing any traffic management. Matson stated that neither this
development nor Alpine Crossing generate enough traffic to warrant a study. The city sent the traffic
counts and projections for developments to a consultant. They are looking at other ways to find
proportional improvements for projects.
Mendenhall entertained a motion. Schwartz moved to recommend approval of the preliminary plat with
staff conditions. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Thais Ayre, Yes; TJ Budge, Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes;
Brady Smith, Yes; Brandon Jackson, Yes; Yes; Jason Mendenhall, Yes. Motion carried.
3. The applicant proposes a Preliminary Plat for 30 lots in the Northside Crossing Division 3 subdivision. It
includes 24 single-family residential lots,1 parcel for open space/public park, 2 common lots, and 3
lots to be developed each with 4 dwelling units at a future date. One of the common lots will be an
amenity (clubhouse), and the park will include part of the Northside Crossing trail system. Preliminary
plats are evaluated against certain criteria found in municipal code section 17.12.100.8. Type of
Action: Recommendation. (action Item)
Mitch Greer, RMES 600 E. Oak, representing the applicant. In Northside Crossing Division 3 they are
proposing a 55 and active development that will coincide with the housing development and also the
commercial developments that will happen to the south. This is the first development like this. The
development will have over an acre of park space to the south, and over an acre of property associated
with a clubhouse as an amenity to the development. The project starts off with more than 25% of
overall land dedicated to park and community space. Park will be a developed park system. 25%
doesn't include the other trail systems within developed lots. The units to the east are shown as single
lots in the proposal but will be quad villas and will be individually owned by residents. Development will
have 2 different distinct products; a more shared function, modeled off other successful projects done in
Utah and single family detached style. Northside Crossing 2 showed utility extensions that went almost
back up to Hiline. This project shows connection to those as backbone infrastructure. It isn't fully
installed but has been started. Project is consistent with the Creative Community zone. They are
working on the draft CC&R's. The Irrigation Master Plan is coming soon, they have had issues with their
water modeling software but are close to having a master plan in place for whole Northside Crossing
area.
Budge, asked what the items identified in pink on the plat were. Greer stated that since they are
creating more developed parks that will still also contain storm water they needed a dual use park and
those pink areas are drainage systems with underground infiltrators that will allow water to drain
quickly from park area itself so it doesn't have long standing water.
Snow storage will be at the end of the cul-de-sac, on both sides, the intermediate area, and the park to
the south can also function for snow storage.
Berls noted that she is against using TIF money for signage or lighting improvements.
Brief discussion was had about the hammerhead area in regards to emergency vehicles and parking.
Greer stated it is a design used frequently and designed to function adequately. They have used this
design a lot in Pocatello. More common design they are using now.
Stoddard asked about previously mentioned pending land purchases. Lyn Yost stated the agreements
are still in place, and they have the option until January 31. They have started the title work.
Staff report by Don Matson, Senior Planner. Staff examined the hammerhead design closely. Staff
recommends approval.
Mendenhall entertained a motion. Stoddard moved to recommend approval of preliminary plat as
presented with conditions. Holm seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard,
Yes; Rebecca Berls, Yes; Brandon Jackson, Yes; Jason Mendenhall, Yes.
UPCOMING MEETING REMINDER:
Special Study Session to Review City Code Amendment Proposals- January 28th at 6 PM
Hillam asked Commissions to please attend if possible, they will be doing a major PUD
overhaul.
2. Regular Meeting- February 11tH
Mendenhall entertained a motion to adjourn; Schwartz made the motion, Smith seconded. All voted to
adjourn at 8:52pm.
ason Mendenhall, Chairperson
Ka i Morrison, Office Administrator