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.