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HomeMy WebLinkAbout06.09.20 LUDC minutes1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting June 9, 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, Brady Smith, and Brandon Jackson. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Planner Paul Andrus, Office Administrator Kami Morrison. Also joining via Zoom, Jeff Huckstep. Mendenhall called the meeting to order at 7:00 pm. Mendenhall asked if any Commissioners had a conflict of interest within the items before the board tonight. None were reported. APPROVAL OF THE MINUTES: May 12, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of the May 12, 2020 meeting be approved as emailed; Schwartz seconded. The full authority approved. Mendenhall reviewed Zoom meeting protocol and expectations. PUBLIC HEARING 1. An application for a Conditional Use Permit for an Animal Care Site for Dog Boarding. Subject property is generally located at 134 E Linden, Chubbuck Rd. The property is currently zoned General Commercial (C-2). Type of Action: Commission decision. (Action Item) Jeff Huckstep, the applicant, presented the application. Huckstep stated they would like to have a daycare/dog boarding facility in addition to their already existing dog grooming facility. Huckstep added that he knew there were concerns from neighboring businesses about dogs using the bathroom on their lawn. Huckstep stated that any dogs exiting the facility will be on leashes and will never have access to other properties. He also stated he knew that the noise level was another concern and that all dogs will be inside the building during evening hours to help with noise control and security for the dogs. All dogs that visit the facility are required to be up to date on their shots. Waste is all double or triple bagged before being disposed of. Huckstep added the facility is beneficial to the community and socializing for dogs is also beneficial. Ayre asked about the capacity of the facility. Huckstep stated that as of right now he wasn't sure of the potential capacity but they will be starting with 5 kennels for boarding. The plan is to start small and see what happens but it won't be a huge operation. They intend to provide a lot of one-on-one time to dogs. Berls asked if the dogs will always kenneled or if they will be allowed to go outside and play. Huckstep said that for most of the day they will be active and playing and will be separated between big dogs and small dogs. They will have both an outdoor and an indoor play area. Smith asked if animals will be relegated to inside and outside play areas or if they will do other activities off-site like walking or anything else. Huckstep stated as of right now they plan to keep them on the property. Later on down the road they may take them on walks but if they do the dogs would be leashed and walked one at a time. Walking would likely be at a client's preference/request. Paul Andrus, Planner, stated facility is a conditionally permitted use in the C-2 zone. No further questions from Commissioners. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall asked if the fencing around the facility will be such that the dogs cannot see people who are parked in surrounding businesses. Huckstep stated that yes they will have privacy screening on fencing around all areas where the dogs will be. Mendenhall entertained a motion. Stoddard moved to approve the Conditional Use Permit as submitted Schwartz 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. A proposal by city staff to replace an existing chapter of City Code, 18.20 Planned Unit Developments (PVDs), with a rewritten Chapter 18.20, setting forth new eligibility, procedures, standards, requirements, incentives, and other criteria for future PUDs within the City of Chubbuck and to modify other sections of code relating to PUDs. Type of Action: Recommendation to Council. (Action Item) Don Matson. Planning Manager, presented the final draft for approval. Mendenhall referenced the list of PUD's in Chubbuck that was sent to Commissioners. He said there was a case where there is a PUD that is being rezoned to something else but all of the property isn't being rezoned. Mendenhall wondered if they could add to the code that if the property doesn't meet the minimum criteria for a PUD that it would then have to be rezoned to something other than PUD. Attorney Holmes stated it would likely need a new public hearing to make that change. Something like the rezone, end up adding a section so would need to go through hearing process. Holmes added he felt it was more important to get the new code moved through and adopted. Mendenhall stated he was okay putting it on list for updates for the next go around. Berls pointed out in 18.20.70 section B4 it discusses different setbacks being adjacent to other properties. There is a part that says it's only applied to this section which is actually a subsection. Berls suggested that legally it should probably say "subsection" so that it is just refer to the buffering setbacks and not to the entire section of the code. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Smith moved to approve the PUD updates as presented with the condition that Commissioner Berls minor updated be changed. Ayre 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; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. 3. A proposal by city staff to revise an existing chapter of City Code, 18.06 Land Use Definitions, setting forth new, modified, and deleted definitions for subjects found in Chapter 18. Type of Action: Recommendation to Council. (Action Item) Matson stated there was one minor change since last time, which was adding the numbering back in. Also on the last page of the draft, page 12, Matson noted that there was a footnote in the Land Use Table about ADU's and it made more sense to put that with the ADU ordinance so that was moved. All other comments have been included in the draft. Berls said on page 87 of the packet, the chart that talks about zero lot line being "subject to restrictions" but couldn't find the restrictions. Matson stated there are some restrictions are in the footnotes that weren't included in the changes, but basically it says for R-1 and R-2, in the definition of districts, zero lot line homes are permitted if approved with and noted on the plat, if it is not noted on the plat they would need to come back for a CUP. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall thanked Matson for his work and stated it was very comprehensive. Mendenhall entertained a motion. Jackson moved to recommend approval of code changes in 18.06 to the new version. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried. GENERAL BUSINESS 1. An application for a preliminary plat for the Chubbuck City Hall Subdivision to subdivide 5.13 acres into 8 commercial lots. Property is generally located at 224 Linden and 4699 Burley Dr., Chubbuck, Idaho. Type of Action: Recommendation to Council (Action Item) Andrus, representing the applicant, presented the plat for the new Chubbuck City Hall. The property is jointly owned by the Chubbuck Development Authority and the City of Chubbuck. Andrus pointed out the parking comment on the staff report and stated that item will be dealt with in design review. Other comments on the staff report summary include a request from the Fire Department for a fire hydrant, access for road A onto Burley doesn't line up with access on empty lot across the street. Andrus stated it has been moved as far as possible and they anticipate when the lot across the street redevelops it may change to line up. Proposing an area wide irrigation system to service all of downtown. Engineering asked water be provided to the east lot. Building is under construction, foundations are being poured. City will be co-owner on the plat. Road names are currently A and B but they are taking suggestions to pass on to Council. Mendenhall stated that normally construction doesn't start until the preliminary plat has been processed, and asked how it started without plat approval. Andrus stated that part of it was a change in code month ago. Matson added that the parcel was already subdivided and platted once before so they were able to move forward. Mendenhall proposed either road A or B be renamed to "Cotant Lane" adding that the former Mayor served for so long it seemed fitting to honor him that way. Smith asked if the roads are intended to be roads or more like parking. Matson stated that the roads will be dedicated to the City. The north/south road will connect to Chubbuck Road. Road B in the long term will have a connection to the west. Stoddard, recommended road B to be "Diversity Way." Holm added that the naming shouldn't be too sporadic and should stick with a theme. Schwartz stated he agreed with "Cotant Lane". Holm commented that maybe they should dig deeper into Chubbuck's history and find some other options. The history of Chubbuck was one of the important topics in the Downtown Visioning Sessions. Smith stated he felt Steve Smart was with the city for a lot of years so if they were looking to keep it names they could add "Smart Way" or something of that nature to the list of options. Smith asked what the plan is for the skinny lots on either end of city hall, lot 1 and lot 3. Andrus stated those may eventually be businesses. Matson added that the intent is for several smaller business locations. More like urban street frontage with shops up against the sidewalk, back access near City Hall, maybe for dining in back or in front on the sidewalk. Smith clarified that they would then come back to be re -divided up for potential owners. Matson confirmed, adding that the long term intent is also for the front quarter of each of those to be a continuation of the plaza in front of City Hall. Berls asked if the pressurized irrigation system was at least going to be installed even though it won't be hooked up. Andrus confirmed. Berls asked if they would be doing that at the beginning or adding later. Andrus stated they would be adding that later when there is more demand for water. Berls stated she hears a lot of complaints from builders that the City has a lot of strict requirements for them to build but the City doesn't have to follow them. Berls added that it seems like a double standard that the City requires it but won't do it themselves. Holmes clarified that if water isn't available they are asked to install dry lines because it's too much expense and disturbance to put in later. That is typically what is done for other subdivisions. They will hook in eventually but not immediately. Andrus added that the dry lines will be in and ready to go once pump station is installed. Berls again asked if they were putting in dry lines now. Andrus confirmed. Smith stated that he didn't see irrigation shown on the map and at minimum they need to install dry lines and that needs to be clarified. Mendenhall agreed that dry lines should be installed now to meet the same standards as all builders in Chubbuck do. Berls asked Commissioner Smith if addressing the parking issue during design review was normal. Smith stated that yes and added parking is always challenging; in the last few years the City has been working more towards true use and amount that is really used versus what the code says. Smith added it is not abnormal to petition the Council for a parking adjustment for lesser stalls. The old ordinance is pretty heavy on parking. Andrus confirmed that the intent is to submit a request for reduction in parking to Council. Smith commented that the staff summarization is not solid in the sense that it says "appears to meet and may be obtained"; it's not really saying it's a condition but they should be conditions. Smith added it's important to keep everything listed in that condition and maybe add to the recommendation that these conditions should stay with app as it moves forward. Matson stated that the new downtown has different types of development standards and parking standards. When talking through actual uses of what city hall would really need it's much less than the straight interpretation of the code and will be refined as they move through the downtown process and new parking ordinance. There are different parking layouts that can provide parking for more than one business or facility at the same time with parking on street. It does need some conditional approval from Council based on how different it is from current code. This is a better way of developing rather than paving over half the City. Mendenhall motioned to recommend approval of the preliminary plat for the Chubbuck City Hall Subdivision with waivers and conditions summarized in staff report; also moved that dry lines for secondary irrigation be installed at the beginning of the project; and recommend road name changes to be "Cotant Lane" and "Smart Way". Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Jason Mendenhall, Yes. Motion carried. STUDY SESSION 1. The Commission will review and discuss Staff's proposed Accessory Dwelling Unit code. Matson stated the ADU code changes start on page 144 and are the last 5 pages of the packet. Aunts and uncles were added in as qualified relatives for owner occupancy on the home. Also as mentioned before in the definitions ordinance on the very last page, the ADU footnote that was in the land use chart belonged here more than with the definitions. It basically changes the language for how to approve an ADU with the same language used for home occupations. If neighbors don't sign off in agreement it comes to the Land Use Commission for a Conditional Use Permit for Ag, R-1 or R-2 zone. Would be allowed outright in R-3, R-4 or C-1. Also in chapter 18.12.40, regarding converting to more units, could convert to a qualified ADU per code, is allowed under clause. They would still need neighbor approval it's basically saying you can't create a duplex. In regards to the homeowner's exemption question from the last meeting, Matson stated that the Assessor's Office views it as collecting rent on the primary residence. If collecting rent on 25% of home, lose 25% of homeowner reduction. Berls recommend in 18.10.50, section A, regarding parking access, the last sentence should be updated to match same wording used in PUD's. Says "10ft wide, 20ft deep from back of sidewalk" others are consistent all the way through. Schwartz asked if under the ownership section if niece and nephew could be added. Smith, Mendenhall, and Ayre were in agreement. Matson will add niece and nephew after brother and sister. Mendenhall stated they are ready to move item to a public hearing with changes recommended tonight. Mendenhall asked about Stoddard's last meeting date. Stoddard told the Mayor he can continue to the end of term which isn't until May of 2021. The July meeting location was briefly discussed. Holmes stated it may depend a lot on whether we have the proposal for the north corner of Chubbuck and Philbin as it could generate a large turnout. If the hearing will generate a lot of people the meeting will have to be done by Zoom because there is no way to do social distancing in Council Chambers, it can only fit 11 people. Matson added they have to decide well in advance of the meeting for publishing deadlines. Mendenhall entertained a motion to adjourn; Schwartz made the motion, Smith seconded. All voted to adjourn at 8:19pm. 1,J, Pon Mendenhall, Chairperson — lh%� 9YVL - K mi Morrison, Office Administrator This meeting was available to the public electronically and by phone. Vio Zoom Teleconferencing: Meeting ID: 832 1699 2747 Due to the occurrence and imminent threat to public health and safety arising from the effects of the 2019 novel coronavirus (COVID-19). Governor Little issued a Proclamation on March 13, 2020 suspending section 74-203(5) and requiring All Public Meetings to be held electronically or by phone.