HomeMy WebLinkAbout01 09 2024CHUBBUCK
I D n H 0
City of Chubbuck Land Use and Development Commission
Regular Meeting
January 9, 2024
6:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Darell Stewart, Mike Schwartz, Carrie Holm,
Adam Thayer, Brett Hiltbrand, and Bryson Smith. Staff Members Present: Attorney Ryan Lewis,
Planning Manager Don Matson, Community Services Director Devin Hillam, and City Clerk Joey
Bowers.
Mendenhall called the meeting to order at 6:OOpm.
Mendenhall asked if any cominissioners had a conflict of interest with the items before the
board. Schwartz recused himself from General Business Item ##1.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF THE MINUTES: December 13, 2023.
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept
the meeting minutes of December 13, 2023 as emailed; Thayer seconded. The full commission
approved.
PUBLIC HEARING
An application for initial designation of property into Land Use Districts (zones) that is
proposed to be annexed into the City of Chubbuck. The subject property of
approximately 5. 10 acres is located at 14330 W Chubbuck Rd in Chubbuck, Idaho. It is
proposed to place approximately 2.16 acres into the General Residential (R-3) zone and
approximately 2.94 acres into the Dense Residential (R-4) zone. 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.
Brennen Dye from Knudsen Engineering represented the applicant. Mr. Dye presented
an application for initial designation of property into Land Use Districts (zones) that is
proposed to be annexed into the City of Chubbuck. The subject property of
approximately 5. 10 acres is located at 14330 W Chubbuck Rd. It was proposed to place
approximately 2.16 acres into the General Residential (R-3) zone and approximately 2.94
acres into the Dense Residential (R-4) zone. This application also qualified as an infill
proj ect.
Thayer asked why the applicant felt like the proposed zones would be harmonious to
the surrounding neighborhoods. Mr. Dye stated that the applicant felt like the proposed
zones would be a good transition from the surrounding neighborhoods, as you work your
way south to the main corridor along Chubbuck Road.
Planning Manager Don Matson stated that this application had been reviewed by City
Staff and appears to meet the comprehensive plan and the standards of Titles 16, 17 and
18 of City Code, and recommended approval with a zoning development agreement
(ZDA).
Mendenhall declared the public hearing open for public comment.
Resident Rose Eidemiller, was Opposed. Mrs. Eidemiller felt like the application
should be postponed until her neighbor Russell and Christine Armstrong who were also
partial owners of the property associated with this application; returned from serving a
mission for their church in March. Mrs. Eidemiller also didn't feel like the proposed
zones were harmonious to the surrounding neighborhoods.
Resident Paul Anderson, was Opposed. Mr. Anderson concerned about the increase in
traffic and also felt like the application should be postponed until Russell and Christine
Armstrong could be present since their property would be directly impacted.
Resident Virginia Acevedo, was Opposed. Mrs. Acevedo was concerned about the
access and the close proximity to Brookstone St. Mrs. Acevedo was also concerned about
the increase in traffic, and storm water.
Resident Ted Anderson, was Opposed. Mr. Anderson was concerned about irrigation
water, and asked about sewer capacity.
Resident Zach Blaser, was Opposed. Mr. Blaser was concerned about the increase in
traffic, loss of privacy, and property values.
Resident Ralph Eidemiller, was Opposed. Mr. Eidemiller didn't feel like the proposed
zones were harmonious to the surrounding neighborhoods.
Resident Erich Pew, was Opposed. Mr. Pew was concerned about the increase in
traffic, loss of privacy, and property values. Mr. Pew also felt like the application should
be postponed until Russell and Christine Armstrong could be present since their property
would be directly impacted.
Resident Cameron Mitton, was Opposed. Mr. Mitton was concerned about the
increase in traffic, loss of privacy, and property values. Mr. Mitton also didn't feel like
the proposed zones were harmonious to the surrounding neighborhoods.
Resident Connor Vanderholm, was Opposed. Mr. Vanderholm was concerned about
the increase in traffic, loss of privacy, and property values. Mr. Vanderholm also didn't
feel like the proposed zones were harmonious to the surrounding neighborhoods.
Due to no more public comment Mendenhall closed the public hearing.
Mr. Dye stated that Russell and Christine Armstrong had already returned from their
mission and that Knudsen Engineering had a meeting earlier in the day with them and
other members of the Lamar Armstrong Living Trust to go over this application. The
applicant felt like the proposed zones would be harmonious to the surrounding
neighborhoods, due to the fact that 75% of the proposed 2.16 acres proposed as General
Residential (R-3) would be required to be developed as single family residential. The
applicant also felt like the Dense Residential (R-4) zone would be more harmonious to
the surrounding neighborhoods than Limited Commercial (C-1). Especially since there
would only be 1.84 aces of the proposed 2.94 acres available to be developed as Dense
Residential (R-4).
Mendenhall asked about a zoning development agreement (ZDA). Matson stated that
a ZDA had been used with other applications. A ZDA is a discretionary tool available to
the Commission and Council per Idaho Code §67-6511A. Unlike other zone changes, it
allows conditions to be placed on the zone for a specific project. A normal zone change
does not place limits beyond what is in city code for that entire district. Staff
recommended the Commission consider a ZDA for the project to minimize impacts to
neighboring properties via height or setback standards or landscaping enhancements.
Schwartz asked about the access and the close proximity to Brookstone St. Matson
stated that there was some concern about the close proximity and traffic turning right
from Brookstone and traffic turning left from this development. But stated that the
applicant had the right to have an access off of Chubbuck Road to develop this property.
Hiltbrand asked if a lower density zone would help eliminate some of those concerns
with the close proximity to Brookstone St. Hillam stated that will definitely be part of the
discussion with other considerations when the applicant submits a development
application. Tonight's application was not a development application but a zoning request
associated with an annexation application.
Mendenhall did not feel like the proposed zones were harmonious to the surrounding
neighborhoods and was concerned to use a ZDA to make the proposed zones fit within
the neighborhoods. Mendenhall felt like the Board should recommended denial of the
proposed zones. Hillam stated that the Board needed to recommend a zone to the City
Council; whether that is the proposed zones as presented or another zone.
Thayer felt like if the Board used a ZDA to place conditions that the property should
just be zoned to meet those qualifications without the use of a ZDA, which would be
Limited Residential (R-2) or Limited Residential (R-2P).Thayer was also concerned that
Dense Residential (R-4) would allow building heights of over 60ft, which would
definitely not be harmonious to the surrounding neighborhoods.
Hiltbrand felt like this was a great area for an infill project, but needed to be zoned
appropriately to fit within the surrounding neighborhoods.
Schwartz asked if the Board was to recommend a different zoning classification to the
City Council if there would be another public hearing. Matson stated that the Board
already held an initial zoning hearing and is not approving or denying an application. But
making a recommendation to the City Council on what zoning classifications should be
placed on this property as part of an annexation application. Whether that is the proposed
zones as presented or another zone.
Schwartz asked legal counsel about some of the public comments about family
ownership concerns and issues. Attorney Ryan Lewis stated that the applicant had
provided a deed that shows ownership for this property and therefore the Board doesn't
need to concern themselves with family issues that is not part of this application process.
Thayer asked Knudsen Engineering if they were there tonight representing Russell and
Christine Armstrong. Tyson Knudsen from Knudsen Engineering stated that they were
representing the Lamar Armstrong Revocable Trust and presented Martin Armstrong who
was there representing the family members associated with the trust. Mr. Armstrong
stated that he and his wife Linda, his brothers Russell and Ricky along with their wives
Christine, and Patty Armstrong; had met with Knudsen Engineering earlier that day to go
over the application. Russell and Christine Armstrong were aware of tonight's meeting
and the application that had been submitted to the City. His brother Ricky was planning
to attend tonight's meeting but due to the weather had to head back to Utah.
Thayer asked the applicant if the Board didn't recommend the proposed zones if there
was another zone that they would prefer. Mr. Knudsen stated that the only other zone that
the applicant had considered for this area was Limited Commercial (C-1).
The Board didn't feel like the proposed zones were harmonious to the surrounding
neighborhoods, and was also concerned about Dense Residential (R-4) allowing building
heights of over 60ft with only a l Oft set back from the existing neighborhoods. The Board
also felt like the Limited Residential (R-2) or Limited Residential (R -2P) would be a
better transition and more harmonious to the surrounding neighborhoods.
Hiltbrand motioned to recommend initial zoning of Limited Residential (R -2P) for the entire
5.10 acres as presented to the City Council. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Hohn, Yes; Darell Stewart, Yes; Brett Hiltbrand, Yes; Adam Thayer, Yes;
Jason Mendenhall, Yes; Bryson Smith, Yes; Mike Schwartz, Yes; Motion carried.
The Board took a five minute break at 7:05 and reconvened at 7:10. Smith excused
himself from the meeting at 7:07.
GENERAL BUSINESS
An application for a Conditional Use Permit for a convenience store in the Limited
Commercial (C-1) zone on approximately 1.67 acres of land. Subject property is located at
the northeast corner of Chubbuck Rd and Philbin 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 18.28.020.0.5 of City Code.
Following a public hearing that was held on December 13, 2023. Type of action:
Decision.
Planning Manager Don Matson stated that this application had been presented to the
Commission on December 13, 2023 followed by a public hearing. Following the hearing
and discussion the item was tabled to allow the applicant to submit additional
information. Matson stated that this application had been reviewed by City Staff and
appears to meet the comprehensive plan and the standards of Titles 16, 17 and 18 of City
Code, and recommended approval with additional conditions. Senator Way construction
will include right-in/right-out restrictions at Chubbuck Rd. Construction plans will need
to accommodate change, If issues with truck and trailer traffic are observed, limitations
must be made for their movement into and out of the site, and Continue to work with staff
on the Traffic Impact Study (TIS), including resolution of Sawtooth/Philbin intersection,
with Final Plat considerations before approval by the City Council.
Mendenhall asked City Clerk Joey Bowers to read aloud the motion from the
December 13, 2023 meeting for this application. "Hiltbrand motioned to table a decision
to next month pending the submittal of a completed traffic impact analysis with city staff
review and comments, other developer supported architectural designs/alternatives, full
application submitted including landscaping plans, and justification for the southern most
access onto Senator Way."
Matson stated that the applicant had submitted an updated traffic impact analysis,
architectural design, and landscaping plans.
Mendenhall asked about the southern most access onto Senator Way. Hillam stated
that access point had been reviewed by the City Engineer and he recommended the
condition that if issues with truck and trailer traffic are observed, limitations must be
made for their movement into and out of the site. Mendenhall asked how that condition
could be enforced. Hillam stated that would be a violation of the conditional use permit
which would allow City Staff to bring this application back before the Board for review.
Thayer asked about the northern access. Jason Linford from Sunrise Engineering
represented the applicant. Mr. Linford stated that the northern access was designed to
lineup with the parking lot on the west of the building.
Mendenhall didn't feel like the submitted architectural design was esthetically
harmonious with the surrounding neighborhoods. Linford stated that the proposed design was
the company's newest design for consistency, branding, and recognition.
Hohn felt like the submitted design wasn't outdated and was up to date and fit with the
design of the schools, and other commercial type buildings within the area.
Mike Wheelock from Premier Properties stated that the architect worked with the
applicant and the City's adopted parameters to come up with the design of this building.
Mendenhall reminded the applicant that this was a conditional use permit. Which allows
the Land Use Board the ability to require additional features above and beyond the City's
adopted parameters.
Hillam stated that this building will also be surrounded by Senator Way which will
require landscaping to help it fit within the surrounding neighborhoods. The Board was
comfortable with the landscaping plans that had been submitted.
The Board googled other designs and locations associated with the Extra Mile
Convenience Stores. The Board worked with the architect Courtney Wallace to discuss
and add enhancements which included to redesign the entrance to be more
pronounced/enhanced, add stone/faux stone material for the wains coting, and carry the
design/wains coting features to a future canopy.
Hiltbrand motioned to approve a Conditional Use Permit for a convenience store in the Limited
Commercial (C-1) zone on approximately 1.67 acres of land as presented, including the findings,
facts and conclusions of law, original and additional conditions, and design enhancements as
discussed with the architect, which does include the design of a future canopy. Thayer seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Darell Stewart, Yes; Brett Hiltbrand, Yes; Adam Thayer, Yes; Jason Mendenhall,
Yes; Carrie Holm, Yes; Mike Schwartz, Recused; Motion carried.
ADJOURN: Mendenhall adjourned at 8:06.
ason Mendenhall, Chairperson
10 ers, City Clerk