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City of Chubbuck Land Use and Development Commission
Regular Meeting
July 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,
Carrie Holm and Brady Smith. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don
Matson, Community Planning and Economic Development Director Devin Hillam, Office Administrator Kami
Morrison.
Mendenhall called the meeting to order at 7:00pm
Mendenhall asked if any Commissioners had a conflict of interest within the items before the board.
Smith stated he had a conflict with Public Hearing item #1 and recused himself. Schwartz also recused
himself from Public Hearing item #1.
Matson explained Zoom protocol and how to raise your hand for public comment.
APPROVAL OF THE MINUTES: June 9, 2020
Mendenhall entertained a motion to approve the minutes as emailed. Berls motioned to edit the
minutes to include language that the irrigation system for the new City Hall should be completed at the
beginning of the project. Schwartz moved the minutes of June 9, 2020 meeting be approved with the
amendment; Berls seconded. The full authority approved.
PUBLIC HEARING
An application for annexation of approximately 9.64 acres of land into the City of Chubbuck
and to include the property in the Limited Commercial (C-1) Zone. The Comprehensive Plan
Future Land Use map designates this area for Mixed Use development and a small portion
for Medium Density Residential development. Property is in the SW % of Section 4,
Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected property is
generally located at the northeast corner of Philbin Road and Chubbuck Road. Type of
Action: Recommendation to Council. (Action item)
Mitchel Greer, RMES 600 E. Oak, representing the applicant. Property is located at the north east corner
of Chubbuck and Philbin and is roughly 10 acres. The city has extended to the west of the property quite
a ways. There have also been discussions about commercial development for the property to the south.
Greer stated they originally submitted a request to break the zoning into two segments, C-2 zone and R-
4 zone but that raised a lot of concerns with residents so they pulled that request and came back with
something a little more cohesive with neighborhood and are now requesting C-1 zoning. C-1 allows for
a few uses on the property but a multitude of uses available would require additional processes to
accommodate and that way they can get additional input from the public. The property is located on
two of the larger arterial streets in the city and which is where people and businesses like to locate. In
the very southwest corner of the property they would like to have a neighborhood style convenience
store that would complement the neighborhood and general area. Smaller business/office type uses
would back up against Bilyeu Estates and they would allow for buffering there. There is an existing
home on the property and they have had a couple of proposals to purchase and use as daycare which
fits in C-1 zoning. Greer stated the property should be in city and the zoning is consistent with the
comprehensive plan. Greer added that there was some concern about the existing trees and that there
is a plan for Philbin and Chubbuck to be widened and those trees will be removed anyway.
Berls asked what is planned for the northern section of property. Greer stated there are no specific
plans. At one time they had proposed quad villas but nothing is planned other than the existing home
that will be some sort of commercial use, likely a daycare.
Matson, Planning Manager, provided the Staff Report and stated that the future land use map it is
marked for mixed use and supports C-1 zone. There is about 1/3 of an acre next to residential properties
that is in medium density area but isn't feasible to make that small of an area a different zone. More
appropriate to have the bulk of the property under one zone. Site has frontage on both roads, water and
sewer already available. Property meets annexation requirements and meets standards for change in
land use district. C-1 is appropriate as a transitional zone between the neighborhood and commercial
zoning. Most every land use would come back to the Commission for a public hearing so neighbors will
still have a voice. Staff is comfortable with the proposal and support the project.
Berls asked for further explanation on how it would be required to come back. In 18.08.40 Berls stated
that under C-1 a lot of things are automatically permitted. Matson clarified the items Berls was referring
to were for C-2 zone. C-1 only allows for a few uses and all others would need a conditional use permit.
Berls asked what a non-residential production building is. Matson explained it is a modular/pre fab
building and add that there are standards for manufactured buildings as well. Berls stated she still didn't
like the non-residential production buildings. Matson stated that you normally don't see a lot of those in
non-residential but they would still have to meet design standards.
Mendenhall opened the public hearing.
Frank Nuding, 6346 Old Branch Road, testified in favor of the application. Nuding stated he is the realtor
working on behalf of the Pahl family on the project. They don't anticipate putting any 10,000 square
foot buildings or modular buildings of any kind on the property. Greer has laid out what they'd like to
see and will follow existing ordinances and they feel it meets the master plan for the City of Chubbuck.
David Hall, 4893 Hiram, testified neutral to the application. Hall stated his property is right next to the
property in question. Hall stated they are grateful it has come back as C-1 as opposed to C-1 and R-4.
Hall stated he was speaking on behalf of Hiram Street and submitted a few written pages as well. They
support the annexation and C-1 zoning. The biggest thing Hall asked the Commission to pay specific
attention to was in 18.08.10 in C-1, to the interface between commercial and residential uses and the
common boundary. Hall referenced 18.12.020 section C about side and rear yard requirements abutting
a residential district. 40 foot required but is allowed to be reduced 50% with fences and landscaping.
Hall requested that be incorporated with a 20 foot landscape buffer to transition from R-2 to C-1 to help
mitigate any noise and light filtration. Request was to maintain 40 foot setbacks and 20 foot buffer.
No testimony in opposition.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall clarified that the application is for annexation and zoning and that design specifics will
come back at a later date and will have to comply with ordinance.
Holm asked for additional information about the widening of Philbin Road. Matson stated it is a couple
years off but it will include widening of the intersection and a round -about. They have secured some of
the right of way for the round -about. Some improvements will happen with this project and some with
the development across the street. Hillam, indicated that project would likely happen between 2022
and 2023.
Berls commented that she feels it's appropriate to annex and asked if the buffering issue would be
addressed in the platting stage. Mendenhall stated that any variance to setbacks would be something
they would file an exemption for and it would come before the Commission for a recommendation to
Council. After that it also has to go through the Design Review Committee. Attorney Holmes clarified
that it is not an exemption, it is part of the design of the project which will be taken care of by Design
Review and City Staff when reviewing the project to make sure it's in compliance. Any change from
code beyond that would be an exemption. Holmes added that it would be unusual to have an
exemption from landscaping or buffering particularly between a commercial and residential zone.
Mendenhall added that if the proposed project didn't fit within the criteria it would have to come back
for a conditional use permit.
Mendenhall entertained a motion. Stoddard moved to recommend approval of application of
annexation and C-1 zoning as presented. Holm seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes.
Motion carried.
2. A proposal by city staff to delete existing section of City Code, 18.12.030.N Permit
Procedures for Residential Rental Dwellings, and replacing it with a new Chapter 18.10
Accessory Dwelling Units (ADUs), setting forth a new purpose, procedures, standards, and
other criteria for future ADUs within the City of Chubbuck; to amend section 18.08.040
General Controls to clarify the process for neighbors comment on ADUs, and to amend
section 18.12.040.A Miscellaneous Supplemental Controls to include ADUs. Type of Action:
Recommendation to Council. (Action item).
Matson stated this item has been discussed in the last few meetings and briefly described the attached
exhibits. The changes will make the ADU definition and requirements more clear.
Mendenhall asked about page 5 exhibit 3. The schedule for C-1, single household, duplex, four plex and
apartments are all conditionally permitted. How they would outright permit an ADU if everything is
conditionally permitted. Matson stated if it is something like a caretaker residence it would fall under
there the code presented is clearer about how they would incorporate an ADU into non-residential
dwelling.
Mendenhall opened the public hearing.
No testimony.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Berls stated that city staff has done a good job to rewrite the code.
Mendenhall entertained a motion. Berls moved that based off everything presented to recommend
approval of changes to city code 18.12.30, 18.10 for accessory dwelling units, 18.08.40 for general
controls, and amend 18.12.40 miscellaneous supplemental controls to include ADU's. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Holm, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes;
Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried.
GENERAL BUSINESS
No items.
Matson thanked those who participated in the downtown survey. They have received 185 responses so
far. If they haven't done the survey Matson encouraged them to do so; survey is posted on Nextdoor,
Facebook and Twitter.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All voted to
adjourn at 7:51pm.
ason Mendenhall, Chairperson
ami Morrison, Office Administrator
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 889 1831 3483
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.