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Planning & Zoning Commission

Regular Meeting

Pocatello, ID · October 13, 2021

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Minutes

PLANNING & ZONING COMMISSON (PZC) Regular Minutes for October 13, 2021 at 6:30 p.m. City Council Chambers 911 North Seventh Avenue, Pocatello, ID 83201 Chair Chanda opened the meeting at 6:30 PM. AGENDA ITEM #1: ROLL CALL AND DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. Chanda noted that the Agenda description for this agenda item listed 49.54 acres, it is actually 45.94 acres more or les Krystal Chanda had nothing else to report. Rich Phillips made a site visit for agenda item 4 and had nothing else to report. Nate Roberts had nothing else to report. Shin Kue Ryu had nothing else to report. Present: Krystal Chanda, Richard Phillips, Nate Roberts and Shin Kue Ryu. Unexcused: Jeremy Marley. Staff: Matthew Lewis, Aceline McCulla, and Merril Quayle. AGENDA ITEM #2: APPROVAL OF MINUTES The Commission may wish to waive the oral reading of the minutes and approve the minutes from the P&Z clarification and regular meetings held on September 22, 2021. It was moved by N. Roberts and seconded by R. Phillips to approve the meeting minutes as written held on September 22, 2021. Those voting in favor were Chanda, Phillips, Roberts and Ryu. Those voting against were none. Motion passed unanimously. AGENDA ITEM #3: PUBLIC HEARING - CITY-INITIATED COMPREHENSIVE PLAN AMENDMENT Time has been set aside to hear comments from the public concerning the City initiated Comprehensive Plan Map Amendment for property located east of I-15 and west of the Portneuf Wellness Complex. The proposal would designate the subject property as Mixed-use (MU). Chanda opened up the public hearing at 6:34 PM. Matthew Lewis, Senior Planner with the City of Pocatello summarized the staff report. Idaho Statute Title 50-222 (3)(a) allows private landowners to consent to annexation provided that the land is contiguous to the city and the comprehensive plan includes the area of annexation. In this case, the property is contiguous but is neither within the ACI nor has a Comprehensive Plan Map designation. Therefore, the Planning & Development Services Staff has initiated the Comprehensive Plan Map amendment application. The proposed Comprehensive Plan Map designation of Mixed Use (MU) would be in the community’s best interest based on location surrounding land uses which include the Portneuf Wellness Complex and properties to north which are also designated (MU). The southernmost properties in the Northgate development are zoned RCP with a designation of MU. Possible land uses may include eating and drinking establishments, consumer services and multi-family dwellings units which are complimentary to surrounding land uses. Page 1 of 3 The Comprehensive Plan Map amendment includes the three (3) parcels subject to annexation, as well as an additional 20.10 acres (+/-) owned by JMAXX, entailing a total of approximately 66.04 acres. Ryu asked for clarification of the small parcel that Idaho Power owns now and that it would not be annexed into the City of Pocatello. Merril Quayle, Development Engineer of the City of Pocatello gave a brief history on this small parcel not being annexed, noting the parcel has public utilities that would not be useful to Pocatello, nor would the parcel be serviced with sewer or water. This property was not deannexed from Chubbuck for this reason. Chair Chanda opened up the meeting for public comment at 6:45 PM. Those in favor: Brian Ball stated he supported this request to have sewer and water services. Those neutral: Maxine West wanted to know if taxes would be increased. Lewis clarified that the JMAXX property is not included in the annexation application; it is only included in the Comprehensive Plan Map Amendment application and therefore, the City of Pocatello would not tax the land. Those opposed: none With no more public comments, Chair Chanda closed the public hearing at 6:50 PM. Discussion between Commission members ensued. It was moved by S. Ryu and seconded by N. Roberts to recommend approval of the application by a City initiated Comprehensive Plan amendment designating the subject 66.04 acres (+/-) to Mixed Use (MU) finding it meets the standards under Code Section 17.02.120 with staff conditions listed in the staff report and to add a condition requiring Idaho Power to submit written documentation agreeing to the Comprehensive Plan Map Amendment, and to authorize the Chair to sign the Findings of Fact. Those voting in favor were Chanda, Phillips, Roberts, and Ryu. Those voting against were none. Motion passed unanimously. AGENDA ITEM 4: PUBLIC HEARING – McCORMICK RANCH ET AL. ANNEXATION Time has been set aside to hear comments from the public concerning a request by McCormick Ranch LLC, Teton Communications Inc., and J & D Partnerships to annex and zone 45.94 acres (more or less) of land located east of I-15 and west of the Portneuf Wellness Complex. The proposed zoning designation is Residential/Commercial/Professional (RCP). Chanda opened up the public hearing at 6:53 PM. Brady Smith of RMES, 600 E. Oak Street stated this land would be a positive addition to the city of Pocatello. The conditions are acceptable. The initial zoning map provided was incorrect and the correct area does not include J. Max property. Smith clarified that was correct, the owners include McCormick Ranch, LLC., Teton Communications Inc., and J&D Partnership. Chanda clarified that sidewalk, curb and gutter would be included. Smith stated sidewalk, curb and gutter would be included. Matthew Lewis, Senior Planner with the City of Pocatello summarized the staff report. In consideration of the application, assuming adoption of staff’s recommended conditions, staff concludes that Page 2 of 3 the annexation request, concurrent Zoning Map designation of Residential-Commercial-Professional (RCP) and Comprehensive Plan is compliant with Pocatello Municipal Code Section 17.02.110 Annexations. Should the Commission recommend approval of the subject application, staff recommends the following conditions attached: 1) The subject parcels totaling 45.94 acres (+/-) shall be annexed into the corporate boundaries of the City of Pocatello; 2) The legal description of the parcels of land to be annexed, prepared by a licensed surveyor, shall be submitted by the applicant prior to the adoption of the annexation ordinance; 3) That, upon annexation, the subject property shall be zoned Residential-Commercial-Professional (RCP); 4) That, upon annexation, the subject property shall be given a comprehensive plan designation of Mixed Use (MU) (subject upon the City initiated Comprehensive Plan Map amendment application); 5) Annexation application in to the City are subjected to a “Water Right Value” per Resolution 2006-02. This will be collected prior to the recording of the final plat; 6) Any standards/regulations not herein noted but applicable to the proposed development shall be strictly adhered to; and 7) Any activity requiring a separate development or building permit shall comply with applicable regulations. It was noted that J&D Partnership sold the 10.43 acre parcel to Idaho Power just before submittal of the annexation request. Therefore, staff recommends the P&Z add a condition requiring Idaho Power representatives to submit written documentation agreeing to the annexation and zoning application. Chair Chanda opened up the meeting for public comment at 7:03 PM. Those in favor, neutral and opposed: none With no public comments, Chair Chanda closed the public hearing at 7:04 PM. Discussion between Commission members ensued. It was moved by S. Ryu and seconded by R. Phillips to recommend approval of the application from McCormick Ranch, LLC., Teton Communications Inc., and J&D Partnership to annex the property in question, located east of Interstate-15, south of Venture Way, and west of the Portneuf Wellness Complex, to be zoned Residential-Commercial-Professional (RCP) finding the application does meet the standards for approval under Chapter 17.02.110 of Pocatello Municipal Code, with the conditions listed in the staff report, and add a condition requiring Idaho Power submit written documentation agreeing to the annexation and zoning request, and to authorize the Chair to sign the Findings of Fact. and to authorize the Chair to sign the Findings of Fact. Those voting in favor were Chanda, Phillips, Roberts, and Ryu. Those voting against were none. Motion passed unanimously. With no other business, Chair Chanda closed the meeting at 7:06 PM. Submitted by ___________________________________ Approved on November 10, 2021 Aceline McCulla, Secretary Page 3 of 3

Agenda

PLANNING SERVICES NEIGHBORHOOD & COMMUNITY SERVICES 911 NORTH 7 TH AVENUE I P.O Box 4169 POCATELLO, IDAH0 83205-4169 208.234.6184 WEB https://www.pocatello.us PLANNING & ZONING COMMISSON (P&Z) AGENDA Wednesday, October 13, 2021, 6:30 p.m. 911 N. Seventh Avenue, City Council Chambers Limited in-person attendance is allowed, but due to COVID-19 guidelines, strict social distancing measures are in place. MASKS/FACE COVERINGS ARE REQUIRED. City Hall is accessible to persons with disabilities. Program access accommodations may be provided with three (3) days’ advance notice by contacting Skyler Beebe at sbeebe@pocatello.us; 208.234.6248 or 5815 South 5th Avenue, Pocatello, ID. The Planning & Zoning Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the P&Z Commission are recorded for record retention and transcription. The following is the official agenda of the Planning & Zoning Commission. Discussion and Commission action will be limited to those items on the agenda. In the event of a hearing, any citizen who wishes to address the Commission shall first be recognized by the Chair, and shall give his/her name for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chair. Oral testimony may be restricted to no more than 3 minutes per person. AGENDA ITEM 1: ROLL CALL AND DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. AGENDA ITEM 2: APPROVAL OF MINUTES The Commission may wish to waive the oral reading and approve the minutes from the clarification and regular meetings on September 22, 2021. (ACTION ITEM) AGENDA ITEM 3: PUBLIC HEARING - CITY-INITIATED COMPREHENSIVE PLAN AMENDMENT Time has been set aside to hear comments from the public concerning the City initiated Comprehensive Plan Map Amendment for property located east of I-15 and west of the Portneuf Wellness Complex. The proposal would designate the subject property as Mixed-use (MU). (ACTION ITEM) AGENDA ITEM 4: PUBLIC HEARING – McCORMICK RANCH ET AL. ANNEXATION Time has been set aside to hear comments from the public concerning a request by McCormick Ranch LLC, Teton Communications Inc., and J & D Partnerships to annex and zone 49.54 acres (more or less) of land located east of I-15 and west of the Portneuf Wellness Complex. The proposed zoning designation is Residential/Commercial/Professional (RCP). (ACTION ITEM) AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE PLANNING & ZONING COMMISSON (PZC) AGENDA 2 Clarification Meeting Minutes for September 22, 2021 at 6:00 p.m. Council Chambers 911 North Seventh Avenue, Pocatello, ID 83201 Chair Chanda called the meeting to order at 6:02 PM. AGENDA ITEM #1: ROLL CALL Present: Krystal Chanda, Richard Phillips, Nate Roberts, and Shin Kue Ryu. Excused: Cyndi Andersen and Jeremy Marley. Staff: Jim Anglesey and Aceline McCulla. AGENDA ITEM #2: DISCUSSION TO CLARIFY ITEMS ON THE PLANNING AND ZONING COMMISSION MEETING AGENDA FOR SEPTEMBER 22, 2021. The Commission and staff discussed the agenda items. AGENDA ITEM #3: ADJOURN With no further discussion, Chair Chanda closed the meeting at 6:15 P.M. Submitted by ___________________________________ Approved on ____________________________ Aceline McCulla, Secretary Page 1 of 1 PLANNING & ZONING COMMISSON (PZC) AGENDA 2 Regular Minutes for September 22, 2021 at 6:30 p.m. City Council Chambers 911 North Seventh Avenue, Pocatello, ID 83201 Chair Chanda opened the meeting at 6:30 PM. AGENDA ITEM #1: ROLL CALL AND DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. Krystal Chanda had nothing to report. Rich Phillips had nothing to report. Nate Roberts had nothing to report. Shin Kue Ryu had nothing to report. Present: Krystal Chanda, Richard Phillips, Nate Roberts and Shin Kue Ryu. Excused: Cyndi Andersen and Jeremy Marley. Staff: Jim Anglesey and Aceline McCulla. AGENDA ITEM #2: APPROVAL OF MINUTES The Commission may wish to waive the oral reading of the minutes and approve the minutes for the P&Z clarification and regular meetings of September 8, 2021. It was moved by N. Roberts and seconded by S. Ryu to approve the meeting minutes as written from September 8, 2021. Those voting in favor were Chanda, Phillips, Roberts and Ryu. Those voting against were none. Motion passed unanimously. AGENDA ITEM #3: PUBLIC HEARING - CITY INITIATED TEXT AMENDMENT TO TITLE 17 – ZONING REGULATIONS Staff has prepared amendments to Title 17 Height Regulations. The proposed changes are intended to update and address Maximum Height Limits. Chair Chanda opened the public hearing at 6:33 PM. Jim Anglesey, Long Range Senior Planner with the City of Pocatello summarized the staff report. Staff finds that the proposed text amendments meet the standards of City Code 17.02.170.F as the amendments are in the community’s best interest, consistent with the existing provisions of the Zoning Ordinance, and consistent with the existing provisions of the Comprehensive Plan. Staff recommends that the Commission consider the proposed amendments to Title 17 Zoning Regulations to bring City Code in compliance with the Comprehensive Plan. With no public comments, Chair Chanda closed the public hearing at 6:41PM. It was moved by S. Ryu and seconded by N. Roberts to recommend approval of the proposed amendments to Title 17 Zoning Regulations finding the amendments are in compliance with the comprehensive plan and the criteria listed in Chapter 17.02.170. Those voting in favor were, Chanda, Phillips, Roberts and Ryu. Those voting against were none. Motion passed unanimously. With no other business, Chair Chanda closed the meeting at 6:41 PM. Submitted by ___________________________________ Approved on ____________________________ Aceline McCulla, Secretary Page 1 of 1 � Planning e. Development Services �llo PLANNING SERVICES 911 NORTH 7 TH AVENUE I P.OBox4169 NEIGHBORHOOD & COMMUNITY SERVICES POCATELLO, IDAHO 83205-4169 208.234.6184 WEB https://www.pocatello.us AGENDA ITEM NO. 3 --- Applicant: Planning & Development Services Staff: Matthew G. Lewis, Senior Planner Date: October 13, 2021 RE: City Initiated Comprehensive Plan Map Amendment BACKGROUND: Planning & Development Services Staff received an Annexation & Zoning Application from the property owners of land located west of the Portneuf Wellness Complex and Fairgrounds Road. The properties encompassing approximately 45.94 acres (+/-) were recently De-Annexed from the City of Chubbuck. As such, the subject parcels are currently located in Bannock County and are not within the Area of City Impact (ACI) nor do they have a Comprehensive Plan Map designation. Therefore, the Planning & Development Services Staff has initiated the Comprehensive Plan Map amendment application. Notification: All property owners within a 300-foot radius of the land to be rezoned have been provided notice of the public hearing in order that they may provide comment on the proposed annexation application and zoning/concurrent comp plan map designation. Notice was also published in the Idaho State Journal and two (2) signs were posted on the subject property. As of the completion of the staff report, no written public comment has been received. A written analysis of the request must address the following issues: 1. Describe how the proposed zoning or Comprehensive Plan map change would be in the community's best interest. As noted above under Idaho Statute Title 50-222 (3)(a) allows private landowners to consent to annexation provided that the land is contiguous to the city and the comprehensive plan includes the area of annexation. In this case, the property is contiguous but is neither within the ACI nor has a Comprehensive Plan Map designation. Therefore, the Planning & Development Services Staff has initiated the Comprehensive Plan Map amendment application. The proposed Comprehensive Plan Map designation of Mixed Use (MU) would be in the community's best interest based on location surrounding land uses which include the Portneuf Wellness Complex and properties to north which are also designated (MU). 2. Describe how would the list of permitted by the Zoning Ordinance would blend with surrounding uses. The proposed Comprehensive Plan Map designation of Mixed Use (MU) and land uses permitted would not be out of character with current and future development to the area. AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE Attachment A McCormick Ranch Comp Plan Amendment P&Z October 13, 2021 Attachment B McCormick Ranch Comp Plan Amendment P&Z October 13, 2021 � Planning 11 -t Services �fello PLANNING--SERVICES 911 NORTH 7 TH AVENUE I P.OBox4169 NEIGHBORHOOD & COMMUNITY SERVICES POCATELLO, IDAHO 83205-4169 208.234.6184 WEB https://www.pocatello.us AGENDA ITEM NO. _4_ POCATELLO PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2021 STAFF REPORT APPLICANT(S): McCormick Ranch LLC., Teton Communications Inc., J&D Partnership LOCATION: Land located east of Interstate 15, south of Venture Way & west of the Portneuf Wellness Complex LEGAL DESCRIPTION: Long Legal STAFF: Matthew Lewis, Senior Planner SUMMARY & CONDITIONS: The corporate boundary of the city may be expanded whenever the council deems it to be for the public convenience or necessity or for the general welfare. Annexations shall be conducted in accordance with Idaho State Code Title 50, Chapter 2. As land is annexed it shall be given a Comprehensive Plan and zoning district designation based on the provision of section 17.01.130, in the plan designation-zoning district conversion chart, and the review criteria listed in subsection 17.02.180.E. In consideration of the application, assuming adoption of staff's recommended conditions, staff concludes that the annexation request, concurrent Zoning Map designation of Residential-Commercial-Professional(RCP) and Comprehensive Plan is compliant with Pocatello Municipal Code Section 17.02.110 Annexations. Should the Commission recommend approval of the subject application, staff recommends the following conditions attached: 1. The subject parcels totaling 45.94 acres(+/-) shall be annexed into the corporate boundaries of the City of Pocatello; 2. The legal description of the parcels of land to be annexed, prepared by a licensed surveyor, shall be submitted by the applicant prior to the adoption of the annexation ordinance; 3. That, upon annexation, the subject property shall be zoned Residential-Commercial-Professional(RCP); 4. That, upon annexation, the subject property shall be given a comprehensive plan designation of Mixed Use(MU) (subject upon the City initiated Comprehensive Plan Map amendment application); 5. Annexation application in to the City are subjected to a "Water Right Value" per Resolution 2006-02. This will be collected prior to the recording of the final plat; 6. Any standards/regulations not herein noted but applicable to the proposed development shall be strictly adhered to; and 7. Any activity requiring a separate development or building permit shall comply with applicable regulations; GENERAL BACKGROUND: Request: Brian Ball representing McCormick Ranch, LLC.; Tony Hafla representing Teton Communications Inc.; and Ryan Hancock representing J&D Partnership have submitted an application to annex and zone 45.94 acres (more or less) of land located east of lnterstate-15, south of Venture Way, and west of the Portneuf Wellness AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE Attachment A McCormick Ranch Annexation P&Z October 13, 2021 Attachment B McCormick Ranch Annexation P&Z October 13, 2021

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