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HomeMy WebLinkAbout04.14.20 LUDC Minutes1 0 A N 0 City of Chubbuck Land Use and Development Commission Regular Meeting April 14, 2020 7:00 PM Held Virtually/Telephonically due to declared COVID-19 Emergency City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Carrie Holm, Brady Smith, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Community Planning and Economic Development Director Devin Hillam, Associate Planner Paul Andrus, Office Administrator Kami Morrison Mendenhall called the meeting to order at 7:00pm turned time over to Hillam to review zoom meeting expectations and requirements. Mendenhall asked if any Commissioners had a conflict of interest within the items before the board tonight. Smith recused himself from Public Hearing item #3. APPROVAL OF THE MINUTES: March 10, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of March 10, 2020 meeting be approved as emailed; Schwartz seconded. The full authority approved. PUBLIC HEARING 1. An application for a Change in Land Use District from Agricultural (A) to Limited Commercial C-1 on approximately 8.71 acres of land. Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation to City Council. (Action Item) Riley Sorensen, applicant, stated this is a storage facility they are looking to develop in the area and need a zone change to do that. It is a family business and they are looking forward to being a part of the area. No questions from the Commission. Paul Andrus, City Planner, indicated this is the zone change and also have the Conditional Use Permit application tonight. Applicant may want to amend how much is zoned C-1 on this property. Comp Plan designates the property as future "Mixed Use" which accommodates this zoning. Smith asked what it will mean if the applicant determines they want to zone more or less, will they have to go through a rezone again? Andrus stated if they reduce the area they may zone later. With CUP for storage units, they are conditionally allowed in the Agricultural district and in the C-1 district with a Conditional Use Permit. There is a limitation on size in C-1, however, there is no limitation in the Ag zone Attorney Holmes stated the Commission could recommend C-1 zoning and if applicant wanted to amend at Council level to zone less and leave Ag zone it shouldn't be a problem because it a less intensive use. No questions from Commission. Mendenhall opened the public hearing. No testimony in favor. No testimony neutral. No testimony in opposition. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Stoddard moved to recommend approving the zone change as submitted in the application, seconded by Smith. With all commission members understanding the motion they voted. Roll Call Vote: TJ Budge, Yes; Brandon Jackson, Yes; Carrie Holm, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. An application for a Conditional Use Permit for a self-service storage facility with a watchman's residence in a Limited Commercial (C-1) on approximately 8.71 acres of land. Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The property is currently zoned as Agriculture and a change in land use district application for C- 1 has been received; if the conditional use permit is approved, a necessary condition will be that it will not take effect unless the change in zoning is approved by the City Council. Type of Action: Commission decision. (Action Item) Riley Sorensen, applicant, stated they are proposing a self -storage facility with a mix of climate controlled units, drive up, interior and larger units for small business inventory and warehouse uses. They have developed several in Utah and are excited to be part of the community. Budge asked about the design of the buildings, finding that the application states buildings will have architecture similar to surrounding neighborhood and asked if the rendering was showing the caretakers building. Sorensen confirmed and stated that the office is in bottom and the caretaker's residence is on the upper level. Budge asked about the architecture of storage units. Sorensen stated that units will be chip block face with a color band throughout so aesthetically it matches the building and is a block/mortar construction. Budge asked about the roof style. Sorensen stated it is a sloped standing seam metal roof and tie into columns that separate the doors. Columns are also block and mortar. Budge also asked Sorensen to describe the buffering on Chubbuck Road and stated he has concerns because it's not what he envisioned populating this section of road, and buffering is important. Sorensen stated the buffer strip will be landscaped to add value and will have grass and trees and won't be a solid block wall. Storage inherently has a stigma to it that is block and gray and no architecture. They use copper lights to make building stand out and use cultured stone and design in block work. Photos were shown of facility in Provo, Utah. No other questions. Paul Andrus, City Planner, stated they have reviewed the application and there is a limit on size of 3 acres from the Self -Storage Facility code. In Agricultural zone there is no mention of size. Andrus did send out a memo after packets were sent and most of those issues will be covered during Design Review. Only concern at this point is the 3 acre limitation. Smith asked if Ag doesn't have limitation but they already recommend approval for zone change, now working under C-1 zone. Andrus stated that the 3 acres won't be zoned until it goes to Council and then would have an ordinance drafted so it would depend on whether they approve with current zoning or future zoning. Hillam stated the section could remain Agricultural zoning without 3 acre limit and other section could be zoned C-1. Hillam added C-1 is the best use for the comp plan. They do realize there are limitations on the project because of C-1 zoning requirements. Smith stated it almost like the City is trying to keep it Agricultural where they normally wouldn't in order to make it fit. Hillam stated they see it as an option but is the Commission's prerogative to determine if it's appropriate for an Ag tone or if they wanted the entire unit and property to be C-1 which could be a condition of approval. The city is simply offering alternatives that would let the project move forward as proposed or one that is more in-line with comp plan. Andrus stated when they first started they asked the applicant to rezone to C-1 since the Ag zone has been typically used as a place keeper and is probably not the most desired zoning there. Budge commented that he wasn't aware of the 3 acre restriction in commercial zone for storage units and asked what the rationale was behind that decision. Andrus stated he was not aware of the rationale his only guess is it was because they didn't want big storage facilities in those areas. Holmes stated when they first started getting storage unit applications there was a knee jerk reaction and probably not what we would expect in that particular area. The feeling of the Commission and Council was that they needed to be limited in size, that's why the 3 acres was put in. Holmes added that it certainly appears, from the design, this is a much different storage unit we've seen in the area. The applicant hasn't asked for a waiver or variance. They don't have the inclination to amend that section in our supplement controls that deals with storage units. The only way to make it fit is to have a portion remain Agricultural which is odd but does work. If the Commission is inclined to grant the CUP, design is critical, it should be a condition of approval that they adhere to that design for exterior walls and interior buildings as presented. Smith asked about staff's positon on the access on Philbin Road since it's just going to be an approach not a road. Andrus stated that they would deal with that in Design Review but knows the feeling from the Engineering department and access management is to have the main access off of Hiram on the east side and that Chubbuck Road should have turn lanes which may work to get in and out. Traffic in and out of units is fairly low. Hillam added that they will look at all accesses and approaches in Design Review. Budge stated that he has concerns about putting a storage unit of that magnitude on Chubbuck road and if they are going to it would require a substantial landscaping buffer, even something with a berm and trees so you can't see what's back there. Budge asked staff how much of a landscape screen would 25 feet provide if heavily vegetated. Andrus stated the code requires 10 foot landscape strip along the road with trees every 50 feet of frontage along with shrubs and vegetation. Hillam added that in terms of a berm it could be troublesome as it's already marked for storm water retention. Commission could place a condition on the CUP for a berm or screen for compatibly with surrounding neighborhood but that would likely increase the 25' area to accommodate a berm and storm water swale/system. Holm asked if there were sidewalks and about storm water retention. Andrus stated that there is sidewalk along there and as part of design review they will discuss storm water retention for the whole site. Holm stated that the landscaping and swales could double for retention and Hillam agreeing, said all of those specifics will get worked out during the final plat and plan review. Mendenhall opened the public hearing. No testimony in favor. Frank Nuding, 6346 Old Ranch Road, testifying neutral, is working with the property owner across the way on Bilyeu property and is curious about curb cuts. They have put in a preliminary proposal to city, and have been working on zoning issues. Also specifically looking for a c -store and is not sure if access is off Hiram or further down. Area out there needs commercial development. No testimony in opposition. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall asked staff to address question about curb cuts. Hillam stated Nuding had a valid point and at that specific location they are not sure if design manual would allow for access off Chubbuck but if it did that the he would recommend as a condition to the Committee that the applicants work with Nuding and other property owner so approaches line up. Mendenhall commented that one thing that was mentioned was the storage facility not being seen by adjacent property. In the CUP questionnaire #4, they specifically stated that units will be screened from adjacent properties and Mendenhall would recommend holding them to that. Also since they have already recommended C-1 zoning, would recommend that the Commission abide by the acreage guidelines for 3 acres. If it's dependent upon whether property is split from C-1 and Ag but for Commission's guidelines, application needs to be viewed in the C-1 property requirements. Limitation on acreage needs to be adhered to. Smith said his concern is the Commission is asked to change to a zone that works for them but if they conform with the comp plan it makes no sense to leave anything Ag. If it's C-1 that's fine and can look at it in those terms but to change course and leave 5 or 6 acres Ag and some C-1 he doesn't think that conforms with comp plan. Budge added he is concerned about having a large compound of storage units on Chubbuck and can think of a lot of other places in town that would be more suited and struggles permitting that in this location. Only reason he is sort of open to it is because it is different than what they have seen but if they did allow it is important they have a much larger buffer than 10 feet. The Commission has the ability impose more stringent requirements and if allowed they require, as a condition, a minimum of 25 foot buffer that is heavily landscaped for additional screening. Mendenhall asked the applicant if there was anything he wanted to rebut from the public hearing. Sorensen stated he understands the landscaping concerns and if anything they want to add value to the area not detract value. Sorensen added that is the reason they use high end materials and take pride in their work. Their family does the landscaping themselves and they don't cut corners or cost. Sorensen reassured the Commission that they are top notch and that's how they advertise and is safe, secure and clean. Mendenhall asked applicant if there would be any boat or RV storage. Sorensen stated that they will have some larger units with wider doors and taller units that are also enclosed. Ken Menlove expressed concerns that the applicant may not be aware of C-1 zoning requirements and how that would cut down storage space. When they originally submitted the application they were aware of Ag zone but weren't aware of C-1 limitations until just now. Mendenhall directed them to touch base with city staff on that after the hearing. Smith stated to clarify, that has been his point all along, it is Ag now but by nature of this project, in the comp plan Ag isn't even mentioned in future land use. Hillam stated that staff requested the applicant request the zone change to C-1 from the comp plan stand point but one of the very few uses Ag zone does allow for is a conditionally permitted storage unit. They could have still applied for a Conditional Use Permit for the 4.5 acres for storage units. Stoddard asked when the platting process would happen. Hillam stated the plat would follow the rezone approval. If they leave as Ag and CUP is approved or AG and C-1 as CUP, plat process could follow immediately after CUP decision. Stoddard asked if Commission would consider platting open space lots to allow them for platting to get it down to 3 acres for storage facility only. Hillam stated that as a project is a whole, so 3 acres of storage units and one lot with open space could work. They could look at what the storage unit itself is using and landscaping lot separate. Hillam added they would support that moving forward. Stoddard stated that their options are limited; they can approve the CUP contingent on City Council rezoning to C-1 for 3 acre storage unit vs option 2; they can approve CUP in Ag zone with current zoning for proposed acreage. Andrus added that another use is the office and residence so it's not all storage units. Stoddard asked if that meant possibly in platting you could plat a lot for office and residential separate from storage units. Andrus confirmed. Commissioners further discussed the importance aesthetics, buffering and landscaping. Mendenhall stated that his biggest concern is that the application is based on Ag zoning and applicant has applied for C-1 zoning. It's hard to mesh what is to be approved and the comp plan shows it should be something zoned other than Ag. Application does not meet C-1 criteria due to size. Jackson stated he likes the additional setback of 25 feet but they need to stick to the 3 acre maximum in the code. Jackson added that if they try to cut up and work around it and the Commission is overstepping their bounds by making accommodations because the intent was to minimize size. His inclination is approval but to stick to 3 acres maximum. Smith stated that in effort not to hold it up, they either have to condition it and force zoning or say go back and get zoning figured out and come back. Schwartz stated he lives 300 feet away so was opting to keep his opinions to himself. Mendenhall stated he was in favor of the idea of the applicant coming back after zoning is determined. Jackson asked how that needs to happen if they deny or table the item. Holmes stated it is his recommendation to table it so they don't have to go through the process again with a denial. It's possible they will have to do whole new presentation but can keep the application. Mendenhall entertained a motion. Jackson moved to table the Conditional Use Permit and allow the applicant to do further research and conform to C-1 or come back with rezone of Agricultural. Stoddard seconded. Smith asked for clarification, zoning is currently Ag, so if they come back they wouldn't be changing zoning. Hillam stated that is correct. Mendenhall confirmed the motion is to table until zoning has been determined. With all commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Dan Stoddard, Yes;; TJ Budge, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes. Motion carried. 3. An application for annexation of approximately 87 acres of land into the City of Chubbuck and to include the property in the Creative Community -Northside Crossing (CC -NC) Zone. The Comprehensive Plan Future Land Use map designates this area as Employment. Property is in the East % of Section 34, Township 5 South, Range 34 East of the Boise Meridian, Idaho. The affected area is generally located east of the Union Pacific Railroad and south of Tyhee Road. This area is noted for expansion of the Northside Crossing Creative Community in its approved Master Development Plan. Type of Action: Recommendation to City Council. (Action Item) Mitch Greer, RMES, representing applicant. Greer stated when they initially presented the overall master plan for Northside Crossing; this piece was included in that. Yost acquired the property and the request is for annexation as was originally conceived with the master plan. The development is intended to be mixed use type zoning, allows completion of Whitaker Road infrastructure all the way through. Open spaces, park and buffering planned along railroad tracks. This completes the project they have presented many times at many meetings. Don Matson, Senior Planner, stated that this was all part of the plan originally that this acreage would be included in Northside Crossing. When it goes to Council there will be one additional step aside from annexation and zone change, they will also approve the ordinance 18.35 which is specific to Northside Crossing. No questions from Commission Mendenhall opened the public hearing. No testimony in favor. No neutral testimony. No testimony in opposition. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Budge moved to recommend approval of annexation and zoning as requested in application and amend code to include subject property. 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; Brady Smith, Yes; Jason Mendenhall, Yes. Motion carried. Smith stated that even though we are disconnected and didn't get to have Pledge of Allegiance he is glad we are still free even though we are locked in our houses and we shouldn't forget that. Hillam stated it's likely the Commission will do this same process next month so to email him suggestions/feedback to take into consideration for that meeting. Mendenhall entertained a motion to adjourn; Stoddard made the motion. Schwartz seconded. All voted to adjourn at 8:11pm. son Mendenhall, Chairperson 4kddi VM&Q L4A Kai Morrison, Office Administrator