HomeMy WebLinkAbout09 13 2022City, of Chubbuck Land Use and Development Commission
Regular Meeting
CHUBBUCK September 13, 2022
6:00 PM
1 0 R H D City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Brady Smith, Brett Hiltbrand,
Thais Ayre, Carrie Holm, and Darell Stewart. Staff Members Present: Attorney Ryan Lewis, Planning
Manager Don Matson, Development Services Manager Sean Harris, Planning & Development
Director Devin Hillam, and City Clerk Joey Bowers.
Mendenhall called the meeting to order at 6:00pm.
Mendenhall asked if any commissioners had a conflict of interest with the items before the
board. None were reported
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF THE MINUTES: July 12, 2022.
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept
the meeting minutes of July 12, 2022 as emailed; Ayre seconded. The full commission approved.
PUBLIC HEARING
An application for a Change in Land Use District from Limited Commercial (C-1) to
Limited Residential (R-2) on approximately 1.09 acres of land. Subject property is located
at 345 Siphon Rd in Chubbuck, Idaho. The Comprehensive Plan Future Land Use reap
designates this area as Mixed Use. At the meeting, the Commission will consider
whether the proposal satisfies the approval criteria in municipal code section
18.28.050.B. Type of Action: Recommendation.
Applicant Jose Cervantes presented for a Change in Land Use District from Limited
Commercial (C-1) to Limited Residential (R-2) to approximately 1.09 acres of land.
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, with conditions.
Mendenhall declared the public hearing open for public comment. Due to no public comment
Mendenhall closed the public hearing.
Attorney Ryan Lewis stated that one of the neighboring property owners had been
awarded by a judge a portion of property that is currently included in this application. Mr.
Lewis recommended that the Board recommend approval conditional upon either the
applicant obtain signatures from any landowners who were quieted land included in the
legal description consenting to the rezone as proposed; or only approve the rezone for the
land owned by the applicant, post -judgment.
Planning & Development Director Devin Hillam stated that the neighboring property
owner is currently reviewing the application with their legal counsel.
Ayre motioned to recommend approval of a Change in Land Use District from Limited Conunercial
(C-1) to Limited Residential (R-2) to approximately 1.09 acres of land. Conditional upon either the
applicant obtain signatures in writing from any landowners who were quieted land included in
the legal description consenting to the rezone as proposed; or only approve the rezone for the
land owned by the applicant, post -judgment. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Holm, Yes; Darell Stewart, Yes; Thais Ayre, Yes; Brett Hiltbrand, Yes;
Jason Mendenhall, Yes; Mike Schwartz, Yes; Brady Smith, Yes; Motion carried.
2. An application for a Conditional Use Permit for a duplex in a Limited Commercial (C-1)
zone on approximately 1.09 acres of land. Subject property is located at 345 W Siphon
Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use Map designates this
area as Mixed Use. The application will be reviewed against criteria in section
18.28.020.C.5 of City Code. Type of action: Decision.
Applicant Jose Cervantes presented an application for a Conditional Use Permit for a
duplex in -a Limited Commercial (C-1) zone on approximately 1.09 acres of land.
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.
Hiltbrand asked if the pending zone change affected the conditional use permit.
Matson stated that either zone would require a conditional use permit.
Mendenhall declared the public hearing open for public comment. Due to no public comment
Mendenhall closed the public hearing.
Schwartz motioned for approval of a Conditional Use Permit for a duplex in a Limited Commercial
(C-1) zone on approximately 1.09 acres of land, as presented. Smith seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Darell Stewart, Yes; Thais Ayre, Yes; Brett Hiltbrand, Yes; Jason Mendenhall,
Yes; Mike Schwartz, Yes; Brady Smith, Yes; Carrie Holm, Yes; Motion carried.
GENERAL BUSINESS
1. An application for a preliminary plat for the Legacy Park Subdivision, Division 2. Applicant
proposes to subdivide 28.62 acres into 32 residential/commercial/open space lots. Property is in
the NE A of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho,
generally located at the north end of Park Lawn Drive, Chubbuck, Idaho. Current zoning
designation on the property places it in the General Commercial (C-2) and Dense Residential (R-4)
land use district. The Comprehensive Plan Future Land Use map designates this area as
Commercial and Employment. Application will be evaluated against standards found in
municipal code section 17.12.100. Type of Action: Recommendation.
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon presented an
application to subdivide 28.62 acres into 32 residential/commercial/open space lots. The
applicant is asking for a waiver to construct dry pressure irrigation lines within the
development and would like to postpone the pump station to a future phase.
Mendenhall asked which phase of the project the applicant proposed to build the pump
station. Mr. Dixon stated that the applicant is planning to develop the required pump
station within the next couple of phases.
Schwartz asked if the Board could recommend that the applicant be required to build
the required pump station with the next phase of the development.
Development Services Manager Sean Harris 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 with conditions. City Staff recommended for a Change
of Land Use application be approved for the portions of lots 13, 15, and 16, block 3 that
fall within the Dense Residential (R-4) zone prior to submittal of final plat. The easement
along lot 16, block 3 be revised to 20ft. Provide a complete final design of the secondary
pressurized irrigation pump station to be submitted with the final plat and construction
drawings and provide financial guarantee for the preliminary plat's portion of the
pressure irrigation system improvements. Secondary irrigation facilities will be required
to be designed and constructed in accordance with section 16.12.230 of city code, which
will include a pump station. Harris also stated that Lots 16 —19 do not meet the lot depth
to width ratio as described in Title 18.08.044. Staff is supportive of the lot depth to width
ratio deviation as Lot 16 is earmarked for commercial/industrial use and Lots 17 — 19 are
earmarked for further multi -family residential subdivision.
Smith motioned to recommend approval of the Preliminary Plat for the Legacy Park Subdivision
Div. 2, as presented. Conditional upon a Change of Land Use application be approved for the
portions of lots 13, 15, and 16, block 3 that fall within the Dense Residential (R-4) zone prior to
submittal of final plat. The easement along lot 16, block 3 be revised to 20ft. Provide a complete
final design of the secondary pressurized irrigation pmnp station to be submitted with the final
plat and construction drawings and provide financial guarantee for the preliminary plat's portion
of the pressure irrigation system improvements. Stewart seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Thais Ayre, Yes; Brett Hiltbrand, Yes; Jason Mendenhall, Yes; Mike Schwartz,
Yes; Brady Smith, Yes; Carrie Holm, Yes; Darell Stewart, Yes; Motion carried.
ADJOURN: Mendenhall adjourned at 6:36.
Jason Mendenhall, Chairperson
Jo Bo s, City Clerk