HomeMy WebLinkAbout03.10.20 LUDC minutesCity of Chubbuck Land Use and Development Commission
Regular Meeting
March 10, 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, Brady Smith, and
TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Community
Planning and Economic Development Director Devin Hillam, Planner Paul Andrus, Office Administrator Kami
Morrison
Mendenhall called the meeting to order at 7:09 pm asking Stoddard 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. Budge recused himself from Public Hearing Item #2. Smith recused himself from General
Business Items #1 and #2.
APPROVAL OF THE MINUTES: February 11, 2020
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
February 11, 2020 meeting be approved as emailed; Smith seconded. The full authority approved.
PUBLIC HEARING
An application for Conditional Use Permit for a government facility (fire station);
government facilities may be conditionally permitted in the C-1 Limited Commercial Zone.
The subject property is approx. 2 acres and is generally located at 444 and 446 East
Chubbuck Rd, Chubbuck, ID. (Action item)
Chief J.R. Farnsworth, 1378 Saratoga, is the applicant. Purpose for the application is because North
Bannock Fire District was created out of a need for fire protection in the district. District covers from
Trail Creek on the west bench, north to the county line to Chinese peek/Barton road. They were in need
of a central location. Ron Dykman offered property on 444 and 446 East Chubbuck Road. Location is
very central to response area. Building has three bays and two offices, no modifications needed.
Proposal is to use the buildings as well as acreage in the back for training and eventually house in front,
once vacant, for fire fighter lodging.
Budge asked about the impact on residential homes that border the property. Chief Farnsworth stated
that to the west is a wedding reception place and they have been working stuff out with them. On the
East side is a medical clinic so just have the back corridor which most responses shouldn't effect. They
will go up to Hiline Road. May have a little noise from engines starting and training but stop all training
by 10:00pm.
Paul Andrus, Planner provided the staff report. Applicant has met requirements and is a conditionally
permitted use.
No questions from Commission.
Mendenhall opened the public hearing.
No testimony in favor.
No testimony neutral.
Elaine Hale, 4825 Whitaker Road, testified in opposition. The back of their yard is the east corridor of
the property. Hoping they will be good neighbors. Stated that the Chief didn't address when they would
turn on their sirens. Hale commented they don't want to be woke up in the middle of the night. Also
unsure of what training activities consist of. They had problems with previous neighbors and trash
collecting around the back of building. Hale also stated that they would frequently pull trucks up close to
ditch bank and cave it in and water would then fill parking lot. Hale commented she hopes they are
more careful about that and that they keep down the elm trees.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall asked Chief Farnsworth to the podium to answer questions. Mendenhall asked him to first
address the sirens. Farnsworth stated their Standard Operating Procedure is to not run sirens unless
there is a live threat. They also use common sense with them. No reason to run sirens at 3:OOam. Sirens
are also not supposed to come on until they hit Chubbuck Road. In the middle of the night there is no
reason to run sirens and he will be happy to hear if his staff does. Mendenhall asked about maintaining
the property. Farnsworth stated they have volunteers to help with that and are also starting a Jr. Fire
Fighter group that will also help. Regular fire crews will help and Farnsworth will be there Monday
through Friday to help with those issues as well. Farnsworth stated that training activities consists of
hose deployment, flows and water spraying and some saw training. Most training will occur on
Saturdays. Training during the week will mostly be at night and inside station.
Budge asked if they would be using lights during nighttime training. Farnsworth said they would use
lights but that they are focused lights and can be directed to what they are working on and at an
elevation to not shine into residences. Will conclude training before 10:OOpm.
Budge commented that he thinks it's important to have a condition that restricts training to appropriate
hours, maybe 8:OOam to 10:OOpm. As well as something that deals with making reasonable efforts to
not disturb neighbors.
Mendenhall entertained a motion.
Budge moved to approve the conditional use permit with two conditions; first that training exercises will
not occur after 10:OOpm or before 8:OOarn and second that reasonable efforts be taken to restrict
excessive light or noise to neighboring residential property owners. Stoddard seconded.
With all Commission Members understanding the motion they voted.
Roll Call Vote: Mike Schwartz, Yes; Dan Stoddard, Yes; Brady Smith, 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 consisting of portion of Lot 1,
Block 1 Pine Ridge Mall Re -Plat, generally known as 4235 Yellowstone, Chubbuck, ID. Type
of Action: Land Use decision (Action item)
T.J. Budge with Racine Olsen Law Firm, representing the applicant —ARX Ventures LLC. In January Budge
came before the Commission on behalf of the same applicant to apply for a conditional use permit for
the Shopko building for a light manufacturing business in that location. All Commissioners indicated
they heard that presentation. Budge stated at that time they had a Letter of Intent to lease the Shopko
building and there was essentially a handoff from the owner of the Shopko building to the owner of the
mall. Shopko owners wanted to go a different direction and the mall owner was wanting to lease the
Herbergers building with the exception of the Planet Fitness portion. At this point they no longer need
the Shopko CUP and have signed a lease to operate in the Herbergers building. This would be the same
business as previously discussed. Lot 1 block 1 encompasses only Herbergers building but is owned by
owner of the rest of mall. Zoned C-2, general commercial. Lab research and light manufacturing both
authorized with conditional use permits. Energy products will be manufactured. Anticipate several
hundred jobs in the next two years to assemble products. Materials will then be shipped and at some
point will have a retail outlet. Budge reviewed CUP criteria. Byproducts consist of pallet wood and
cardboard. Air compressors will be used but other than that equipment is robotic and doesn't make
much noise. Building is currently vacant so business will be good for community and surrounding
businesses. None of whom oppose application. Previously there were questions about the effect on
Gem Prep, they will now be further away from it. Noise and traffic are expected to be less than what
Herbergers and ZCMI were operating. Minor remolding of interior, nothing on exterior. May be
improvements to fagade in time. Did send out notice to neighboring properties and have not received
any opposition.
Smith asked about the loading and unload scenario. Budge stated they will have exclusive use of loading
docks on Planet Fitness side. Upstairs space won't be used initially.
Schwartz confirmed no outside storage.
Budge noted that last time they did make a commitment that if the use was more intensive than what is
presented that could be cause to come back before the Commission. The City has recommended that as
an appropriate condition.
Paul Andrus, Planner, confirmed that recommendation.
Mendenhall opened the public hearing.
No testimony.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall entertained a motion.
Stoddard moved to approve the Conditional Use Permit with the condition provided by City staff.
Schwartz seconded.
With all Commission Members understanding the motion they voted.
Roll Call Vote: Dan Stoddard, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes.
Motion carried.
3. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use
Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope,
procedures, requirements, and review and approval criteria for conditional use permits,
variances, comprehensive plan amendments, title text and map amendments, annexations,
appeals of administrative and land use and development commission decisions, and for
requests for reconsideration of City Council decisions. (Action item)
Devin Hillam, Planning and Economic Development Director, presented the item. Hillam gave a summary
of the items. Proposal is a complete overhaul of the chapter. The current chapter has a number of
deficiencies including being a little out of line with State Code, as well as some that are in State Code
that are not currently in our code. They are working to correct those and to also add additional
restrictions to make sure interests of the City and public are protected. Conditional Use Permit is one
that they intend to align with Idaho Code requirements. Variance notice requirements were adjusted
and administrative variance was added for minor variances. Comprehensive Plan, added standards for
changes. Title amendment for zoning code and zoning map, would establish criteria and standards to
align with Idaho Code with some additional items that make sure needs of adjacent property owners are
considered as part of zone change. Annexation criteria will establish those procedures and add
additional requirements they will look at when considering a property for annexation. Appeals section
will add for an administrative appeal of Public Works or staff decisions and also create appeals process
for LUDC decisions to City Council. It will also set process for a request for reconsideration of a decision
by City Council, an applicant feels is inappropriate prior to going to district court.
Mendenhall opened the public hearing.
No testimony.
Mendenhall closed the public hearing briining the meeting back to the Commission.
Mendenhall entertained a motion.
Stoddard motioned to recommend that City Council adopt Chapter 18.28 Administration as presented
Smith second.
With all Commission Members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason
Mendenhall, Yes. Motion carried.
4. A proposal by city staff to amend section 17.12.080.G of municipal code to change the
review and comment timeframe for preliminary plats from ten (10) calendar days to ten (10)
business days for reviewing agencies and utilities. (Action item)
Devin Hillam, Planning and Economic Development Director, presented the item. Hillam stated about a
year and a half ago they adjusted subdivision standards and processes and one of the items they tried to
make work was the ten calendar day requirement for a preliminary plat review between city staff and
other agencies. They have found that tirneline is just too short. Some issues arise when they get an
application on a Friday or there is a holiday on a Monday and they just don't have time to review it.
Proposing 10 business days, impact is minimal but buys staff a day or two more to complete.
Schwartz confirmed it would be city business days, Monday through Friday. Holidays and weekends
excluded.
Mendenhall opened the public hearing.
No testimony.
Mendenhall closed the public hearing briining the meeting back to the Commission.
Mendenhall entertained a motion.
Smith moved to recommend approval to City Council to amend section 17.12.080.G of municipal code to
change the review and comment timeframe for preliminary plats from ten (10) calendar days to ten (10)
business days reviewing agencies and utilities. Schwartz seconded.
With all Commission Members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason
Mendenhall, Yes. Motion carried.
GENERAL BUSINESS
1. An application for a preliminary plat for the Northside Crossing Subdivision, Division 4. Applicant
proposes to subdivide 10.66 acres into 30 residential lots and 6 common area lots. Property is
generally located on the west side of Hiline Road 1,300 to 2,500 feet north of New Day
Parkway, Chubbuck, Idaho. A portion of Hiline Road and the Hiline Canal, approximately 250 feet
long, are part of the proposed subdivision. Application will be evaluated against standards found
in municipal code section 17.12.100. (Action item)
Mitchel Greer, RMES, 600 E Oak, representing the applicant for Northside Crossing Division 4. Greer
showed the master plan for Northside Crossing and stated they started the development down in the
bottom corner on Whitaker road to facilitate the assisted living facility and 55 and active community.
Are now in the north east corner and addressing those needs. They have made a few small changes on
the south end, deviating away from city property as requested. An access was requested after so they
added that in. Have a total of 36 lots but through the review process the breakdown of lots has changed.
They have five open space lots; one canal pathway, one open space on each side of the road at the
entrance and then two park areas, so actually 31 residential lots and 5 open space lots. Lot 3 in block 9
is intended to be a quad villa unit and will be re -divided after structure is on. Real breakdown is 30 single
family, one quad villa and five open space lots. They have worked through the details with staff as far as
how project will be serviced. Have temporary ponds at south end. As it progresses south temporary
infrastructure will be terminated and extend to park areas.
Lyn Yost, applicant, 13982 N. Rio Vista, stated they are finally getting to the residential phase of the
project. They hope to start on division 2 that will provide utilities to the location. Yost briefly went over
servicing of lots regarding alley load and side load. One of the conditions is a paved pedestrian pathway
along Hiline Road on the west side. Yost stated they have always shown on the master plan greenway
access and pathway along Hiline. The intent has been to utilize the canal for pedestrian activity. A
pathway along the outside of the subdivision would parallel the canal pathway and in his opinion is
duplicate. There are 7.1 miles of pathways inside the development. Yost said they already know a path
will go down the canal and another on the opposite side of the canal in connection with the Harvest
Springs development. Yost stated he is asking staff and the Commission to consider, if in event they find
they don't have sufficient connectivity, then they can require construction of the path. Seeking TIF funds
and would fall within that eligibility. Not in connection with original master plan and hoping to amend
that.
Budge asked about property lines. Yost said there are cases where property lines cross the canal and
some cases they go to the middle of the canal. Yost stated they would need to grant Harvest Springs
access across their ground to get into their development. Yost has had those conversations with Kevin
Loveland and Ryan Satterfield. Lot 1 block 1 is the canal, and is not buildable. Space has been set aside
for a pathway of 80 feet but would then essentially have 3 parallel pathways within 100 feet. Yost asked
to not be required to put in the path now but in 10 years if it's needed, the City could come back and
request the path. Yost stated he would sign a guarantee. Commission discussed Hiline staying a two-
lane road. Would likely widen specifically for a turn lane then will narrow again. Right now, to tie new
day together, there is pedestrian crossing on New Day and one at Tyhee. Currently accessed at Buffalo
Creek. Within % mile, 4 access currently exist. Those will only be made more safe and developed over
time. New day and Tyhee are the best locations for access. Yost said there are many interconnected
paths within the development that tie all the pocket parks together. There are 7 miles of pathways, 23
miles of sidewalks so almost 30 miles for walkways. He doesn't want to see three pathways getting built
and maintained. Is asking to revisit that in the future.
Hillam addressed concerns and stated there is no dispute that there is lots of connectivity within the
development. Staff is primarily concerned with external connectivity. Today the pathway is probably not
justified, in the future it probably will be and there are some options they can work through. Hillam
stated he agrees that three paths is excessive within that 100 feet but they need to make sure there is a
way for the neighborhood to access adjacent neighborhoods safely and efficiently. Would like to set the
base expectation of pedestrian connectivity. Can work it out with the applicant.
Budge questioned how to defer that obligation and how to avoid risk if they wait and the developer
doesn't have the money. Hillam stated it could be added as last item in the urban renewal plan and
could use increment monies to plan as a project if needed. Not sure how that would be done outside of
a TIF.
Budge also asked if they could approve it with the condition it may be required to be constructed as part
of a future phase. Attorney Holmes stated they would either need to require it or require reservation of
the ground with the idea developer will not have to construct it, in which case it would only get built if in
the TIF. No reason to use TIF money on this side if there's a path on the other side. At this point it is a
low priority but reserving the option. Hillam stated that if a trail does get built on other side another
option would be to fund a bridge across there. They are okay with keeping options open as it grows.
Improvements to Hiline will be developer's responsibility.
Don Matson, Senior Planner, other conditions listed on report are straight forward. Other issues will
come up in construction plans such as the turn lane needed on Hiline. Matson discussed improvements
to Hiline. Greenway will be dedicated as part of right-of-way so there will be potential space for path if
necessary. Commission further discussed improvements to Hiline, turn lanes, curb and gutter, right-of-
way, etc. Matson stated those changes are based on the access management policy and engineering
standards. Holmes stated they are used to seeing plats with a future plan for road widths and future
right-of-way which this one doesn't show for Hiline so was causing some confusion.
Brady Smith, RMES, further addressed improvements to Hiline. Smith stated once the design goes
forward the turn in will be moved further west to make enough room for a turn lane. Curbing only at
planned areas to make room for turn lane. Hiline continuing grade. At the entrance, will move that back
radius coming back with curb. Moving radius back still leaves room for path. Just widen to
accommodate the turn lane then narrow back again.
Budge expressed concerns about forcing the developer to install pathway but does think it's important
to have a path down Hiline. He also expressed concerns about the ability of TIF financing to be used.
Budge stated his preference would be to defer improvement with the condition that the City has
discretion to require it at a future phase. Doesn't want to force unnecessary expense. Holmes said that
raises issues. Could have a different developer.
Yost stated he still has to come back anyway so there would be plenty of other opportunities for it to be
required and the sidewalk actually is not in this phase anyway. They can look at it in the phase that is
adjacent to that pathway. Can get from division 4 internally to path along New. Whitaker path is already
paved.
Stoddard stated if they recommend as written by staff there is time to work out the details before the
next Council meeting. Hillam stated they will figure it out regardless. The 85 feet will be dedicated
regardless. Budge less concerned since there is the ability to get out at New Day and only dealing with
little section at top. Can address in a future phase.
Stoddard moved to recommend approval of the preliminary plat with conditions as outlined by staff.
Schwartz seconded.
With all Commission Members understanding the motion they voted.
Roll Call Vote: TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes.
Motion carried.
2. A request to modify the final plan for Antler Ridge PUD to change the location of amenities.
(Action Item)
Mitchell Greer, RMES, prepared the drawing for the applicant. There is a park located and presented as
part of original PUD plan. There have been concerns with the amount of water in that location. They are
proposing to move the playground area and do improvements to sandbox area at the end of Polder Ln.
Moving park equipment to a more centralized place can be used by residents and other public. Will
complete a playground and pavilion of some sort and possibly a stationary barbeque pit area. Benefit for
everyone to lump all improvements together.
Stoddard asked if the former playground location will still be a landscaped catchment. Greer confirmed.
Don Matson, Senior Planner, stated the pond has been landscaped. Not all buildings have been built,
turf is there, no trees yet. Hillam added there is no opposition to requested plan. Budge about long term
maintenance. Hillam stated applicant hasn't indicated he would maintain park but it's worth the
discussion, right now they anticipate it as a city facility and would be city funded and maintained, just
getting free amenities. Park there very underfunded could use investment and would benefit
neighborhood.
Schwartz, motioned to recommend approval of request to modify as proposed. Budge seconded.
With all Commission Members understanding the motion they voted.
Roll Call Vote: TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes.
Motion carried.
STUDY SESSION
1. The Commission may review proposed city code text amendments by City Staff and provide
input on the following sections of draft code: 18.20 Planned Unit Developments (PUDs)
Chapter, 18.06 Definitions Chapter, and a new proposed chapter 18.10, relating to
Accessory Dwelling Units (ADUs).
Don Matson, Senior Planner, described additional changes made to the code and stated they are
pleased with product now and are hoping they will be guiding tools to an applicant. Smith stated that
changes look good. Mendenhall said they were much needed improvements. Hillam stated they hope
to take it to a public hearing next month if the Commission is comfortable. Commissioners agreed they
are ready. They also are planning for an ADU study session next month. Hillam also noted that as a
primer to that conversation, as the Commission evaluates the draft, to keep in mind that the INL, Navy
and Fluor will be hiring 5,000 construction jobs. Infill will be a major priority.
2. Staff will provide a Downtown Visioning Session Update and discuss the plan moving
fo rwa rd.
Don Matson, Senior Planner, provided handout about downtown visioning session. Matson stated
about 30 people attended a visioning session in January and looked at the process of developing
downtown. The city has hired JUB Engineering that facilitated those discussions. First 4 pages are
recommendations from JUB and the rest is summary of the workshop. Packet contains feedback that
was received about themes, art and street furniture, lighting and streetscapes and mobility. All the
information received was used in the recommendations. Matson stated they will be providing regular
updates to the Commission. They are hoping that by October or November to have a base of the
downtown plan. Once that plan is developed they will break down into funding mechanisms.
Mendenhall asked about timeline for construction of City Hall. Hillam stated they are hoping it will
begin in April with an18-month build.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Stoddard seconded. All voted
to adjourn at 8:56pm.
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ami Morrison, Office Administrator