HomeMy WebLinkAbout04 13 2021City of Chubbuck Land Use and Development Commission
Regular Meeting
April 13, 2021
CHUBBUCK 7:00 PM
I O R H 0 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, Brady Smith, Thais Ayre, and Carrie Hohn. Staff Members Present: City Attorney
Tom Holmes, Planning Manager Don Matson, Development Services Manager Sean Harris, Planning
and Development Director Devin Hillam and Deputy Clerk Paul Andrus.
Mendenhall called the meeting to order at 7:00pm
Mendenhall asked if any commissioners had a conflict of interest with the items before the
board. Thais recused herself from public hearing #2.
APPROVAL OF THE MINUTES: March 11, 2021.
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved to accept
the meeting minutes of March 11, 2021 as emailed; Schwartz seconded. The full authority
approved.
PUBLIC HEARING
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. Type of Action:
Recommendation.
Planning and Development Director Devin Hillam presented some inconsistences in
City Code and these proposed solutions would align City Code more closely with Idaho
Code's Local Land Use Planning Act (LLUPA). These inconsistences include variances,
public hearings, conditional use permits, and rezones. Idaho Code for variances requires
notification to adjacent property owners, whereas City Code requires notification to all
property owners within 300ft. Idaho code also only requires one public hearing for most
land use applications. Idaho Code also requires a process to request a reconsideration
before a decision goes to district court. City Code currently does not have a set process
for an applicant to request a decision reconsideration. City Code also does not address
items to consider when approving a rezone, text amendment, annexation, and a
comprehensive plan. City Staff recommended adding as a consideration factor for an
annexation application; that the income generated by property taxes would exceed long
term cost to the City, associated with maintenance, provision of services, and facilities,
and that the advantages for both the City and applicant outweigh the disadvantages.
Mendenhall asked about adding a time table after a conditional use permit is
approved. Hillam stated that most conditional permits already have a set time period for
projects to be completed.
Berls asked about expanding minimizing adverse impact on other developments in
section 18.28.020. Hillam stated that wording came straight from Idaho Code for existing
and planned developments throughout the community.
Berls also asked conditional use permit restrictions and if the Land Use Board would
still have the ability to make aesthetic recommendation on an application as a condition
of approval. Hillam stated that the Board would still have that ability to make aesthetic
conditions but at the same time this section would keep the Board from completely
redesigning the final project for the applicant.
Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public
hearing, bringing the meeting back to the Commission.
Berls moved to recommend an approval of the amendments to section 18.28 Administration of
the Land Use as presented. Schwartz seconded.
With all conunission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes;
Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Motion carried.
2. An application for a Conditional Use Permit to build 4-plex apartments on approximately
2.05 acres of land under application for approval in the General Commercial (C-2) zone
(currently in the Limited Residential (R-2) zone). Subject property is in the NW % of Section
10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at
251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates
this area as Commercial. Type of Action: Decision.
Chris Street, HLE Construction, represented the applicant. Mr. Street presented an
application for a conditional use permit to build 4-plex apartments on approximately 2.05
acres of land that is currently zoned as General Commercial (C-2). Mr. Street also stated
that the applicant had been working directly with the neighbors to address any concerns
with irrigation and fencing.
Berls asked about including a child friendly playground with this development, due to
the distance from community parks. Mr. Street didn't have any concerns with including
some sort of playground amenity for the residents.
Berls also asked if these 4-plexes would be maintained under common ownership or
sold as individual units, and if an HOA would be put in place to maintain common areas
and the property surrounding the buildings. Applicant Kent Morris stated that the current
plan is to have these under one common ownership, but there is a possibility that those
plans could change in the future. Mr. Morris also stated that an HOA would be put in
place to maintain common areas and the property surrounding the buildings.
Stoddard asked if this property would be plated by building or by unit. Morris stated
that each building will be plated as an individual unit.
Smith asked the applicant if there was any concerns with the recommended conditions
from City Staff. Mr. Street stated that the applicant didn't have any concerns with the
recommendations from City Staff.
Planning Manager Don Matson stated that this application had been reviewed by City
Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and
recommended approval.
Mendenhall opened the Public Hearing for public comment.
John Aller at 222 West Linden, was neutral. Mr. Aller was concerned about the
condition and the width of the current street. Mr. Aller also felt like the City needed to
remove the trees across from this development that is currently in the street right of way.
There being no more comment, Mendenhall closed the public hearing, bringing the meeting back
to the Commission.
Mendenhall asked City Staff about the condition of the current road. Mr. Matson
stated that the street department was aware of the road conditions and are currently in the
planning process to repair the current road.
Schwartz motioned to approve a conditional use permit to build 4-plexes as presented,
conditional upon staff recommendations. Berls seconded.
Stoddard asked if the motion needed to include specific enhancement features as recommended
by city staff. Matson gave examples of options from the City's current PUD Ordinance and
stated that the applicant would need to choose at least three of those options to comply with the
recommendation from staff.
Schwartz amended his previous motion and motioned to approve a conditional use permit to
build 4-plexes as presented, conditional upon staff recommendations and an amenity to be
installed in the open space and final approval of the enhancement features on the outside of the
buildings by city staff. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes;
Jason Mendenhall, Yes; Brady Smith, Yes; Motion carried.
3. An application for a Conditional Use Permit to build townhouses on approximately .40 acres
of land in the General Commercial (C-2) zone. Subject property is in the NW % of Section 3,
Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 151
W. Park Lawn Drive, Chubbuck, Idaho, The Comprehensive Plan Future Land Use map
designates this area as Commercial. Type of Action: Decision.
Jonathan Vincent represented the application. Mr. Vincent presented an application
for a conditional use permit to build townhouses on approximately .40 acres of land that
is currently zoned as General Commercial (C-2). Mr. Vincent stated that a water
agreement had been made with The Falls Townhomes to supply the needed water for this
subdivision and they had also made an agreement with Tastee Treat that will allow the
sanitation department access to better service the dumpster for this subdivision.
Berls asked if the tenants of this subdivision would have access to the amenities at The
Falls subdivision. Vincent stated that this subdivision would have its own HOA and
amenities for the tenants, and would not have access to The Falls subdivision amenities.
Smith asked if a final agreement had been signed with Tastee Treat. Vincent stated
that the owner of Tastee Treat had agreed to the agreement but a final contract was still
being drafted and waiting for final approval from city staff.
Senior Planner Don Matson stated that this application had been reviewed by City
Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and
recommended approval.
Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public
hearing, bringing the meeting back to the Commission.
Stoddard motioned to approve a conditional use permit to build townhouses as presented,
conditional upon staff recommendations. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes;
Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Motion carried.
GENERAL BUSINESS
1. The Commission may review proposed city code text amendments by City Staff and
provide input on the following section of draft code: Chapter 18.13 Wireless
Telecommunications Facilities. Type of Action: Recommendation.
Planning Manager Don Matson gave an update to the Board about potential
amendments to City Code 18.13 Wireless Telecommunications Facilities. The placement,
appearance and height of wireless telecommunication facilities are regulated by federal,
state and local laws. Federal codes limit the City's jurisdiction over some aspects of the
facilities, as long as a proposed facility is complying with regulations provided by the
Federal Communications Commission (FCC).
Berls was concerned that exemption 18.13.050K would allow a company to use that
exemption to be able to place a tower in a city park or any public space throughout the
City without requesting for a conditional use permit from the Board. Hillam stated that
this exemption was to allow the City Council if they desired the ability to look at
providing WIFI in public parks or spaces by publically owned or under a private -public
partnership agreement to meet the needs of an increasingly mobile work force and to
promote a healthy way of life.
Berls recommended limiting that exemption to the geographical area of the city park
or within the public space that it is intended to serve. Berls also recommended
specifically defining a public right of way for this section of code.
This item of business will go before the community as a public hearing at the next
Board meeting in May.
2. The Commission may discuss future meeting times for consistency throughout the City to
have all public hearings at the same time. Type of Action: Decision.
Mendenhall presented a letter from City Clerk Joey Bowers making a
recommendation for the Land Use Board to start meeting at 6pm for consistency
throughout the City to have all public hearings at the same time.
Smith agreed with the recommendation.
Stoddard felt like the Board was having a hard time getting all the members to attend
these meetings on a regular basis and hopes this change will help the members to be able
to attend more regularly.
Mendenhall motioned to move the meeting time for the Land Use and Development Commission
to 6pm starting in May 2 02 1. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes;
Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Motion carried.
3. The Conunission may discuss downtown and urban architecture styles and potential
standards for future development to give general feedback about likes and dislikes. Type
of Action: Discussion.
Planning and Development Director Devin Hillam presented some examples and
wanted to discuss what types of building would be appropriate for a downtown area, and
what type of architectural types that the Board would prefer/suggest within a downtown
area for the City of Chubbuck.
The Board discussed some of their preferences for a downtown area regarding the
types of structures, types of building materials and color palettes, type of occupancy
(rentals vs ownership), density, appropriate heights, and roof pitches that they liked or
disliked within a future downtown area.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All
voted to adjourn at 9:15pm.
son Mendenhall, Chairperson
e o rs, City Clerk
This meeting was available to the public electronically and by phone. In-person attendance
was allowed, but strict social distancing measures were in place.
Via Zoom Teleconferencing: Meeting ID: 838 0021 0703