Planning & Zoning Commission

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, November 10, 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 of the minutes and approve the minutes from the clarification and regular meetings from October 13, 2021. (ACTION ITEM) AGENDA ITEM 3: PUBLIC HEARING – PRELIMINARY PLAT – PARKSIDE TOWNHOUSES DIVISION 2 Time has been set aside to hear comments from the public concerning a preliminary plat application submitted by Gary Ratliff, represented by Creek Hollow & Associates, to subdivide 8.67 acres (more or less) into 56 townhome lots and one (1) stormwater lot. The proposed subdivision is located west of the 1600-1900 Block of South 2nd Avenue, and east of the railroad tracks. (ACTION ITEM) AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE  PLANNING & ZONING COMMISSON (PZC) AGENDA 2 Clarification Meeting Minutes for October 13, 2021 at 6:00 p.m. Council Chambers 911 North Seventh Avenue, Pocatello, ID 83201 Chair Chanda called the meeting to order at 6:05 PM. AGENDA ITEM #1: ROLL CALL Present: Krystal Chanda, Richard Phillips (arrived at 6:20 PM), Nate Roberts, and Shin Kue Ryu. Unexcused: Jeremy Marley. Staff: Matthew Lewis, Aceline McCulla and Merril Quyale AGENDA ITEM #2: DISCUSSION TO CLARIFY ITEMS ON THE PLANNING AND ZONING COMMISSION MEETING AGENDA FOR OCTOBER 13, 2021. The Commission and staff discussed the agenda items. AGENDA ITEM #3: ADJOURN With no further discussion, Chair Chanda closed the meeting at 6:28 P.M. Submitted by ___________________________________ Approved on ____________________________ Aceline McCulla, Secretary Page 1 of 1  PLANNING & ZONING COMMISSON (PZC) AGENDA 2 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: 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  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 COMMISSION MEETING NOVEMBER 10, 2021 STAFF REPORT SUBDIVISION: Parkside Townhouses Division 2 FILE # 21-3214 APPLICANT/OWNER: Gary Ratliff SURVEYOR/ENGINEER: Chris Adams, Creek Hollow & Associates, Inc. REQUEST: Preliminary Plat Subdivision Application TITLE REPORT: Title report was submitted and reviewed LOCATION: Located west of 1600-1900 Block of south 2nd Avenue & east of the railroad tracks LOTS/UNITS: 57 lots (1 for stormwater) STAFF: Matthew G. Lewis, Senior Planner RECOMMENDATION & CONDITIONS: Staff finds that the proposal is compliant with all applicable standards of City Code 16.20.050, assuming the following conditions are met: 1. All comments contained in the Public Works Memorandum, dated November 3, 2021, shall be adhered to; 2. Per Code Section 17.05.610 (2) requires that a minimum of forty-five percent (45%) of the front yard area shall be completed with landscaping. 3. Per Code Section 17.05.610 (4) the front door of the structure shall face the public street on which the building is addressed; 4. A building permit may not be issued unless all applicable standards of City Code Section 16.24.100 are adhered to, or a subdivision surety bond and warranty bond is obtained as outlined in City Code 16.24.110, prior to recording; 5. All other standards or conditions of Municipal Code not herein stated but applicable to land subdivision and residential development shall apply. REQUEST: The request is for preliminary plat approval of a subdivision to be known as Parkside Townhouses, Division 2. The proposal calls for the platting of 8.67 acres (more or less) into 56 townhome lots and one (1) stormwater lot for a total of (57) lots. The proposed subdivision is located west of 1600-1900 Block of South 2nd & east of the railroad tracks (see attached aerial). The development will include a single structure consisting of attached three (3) or four (4) townhome units for individual sale. COMPREHENSIVE PLAN: Staff finds the following Goals, Objectives and Policies from the Comprehensive Plan to be applicable to this application: Housing Goal 1: Encourage development of a wide variety of high-quality housing opportunities that are safe, sanitary, attractive and affordable. Objective 1.1: Encourage development of housing affordable for households of all income levels throughout the community. OPTIONAL MOTIONS: 1. Denial of the Application: “Motion to recommend denial of the preliminary plat application from Gary Ratliff for Parkside Townhouses Division 2, finding the application does not meet the standards for approval under Chapter 16.20.050 of Pocatello Municipal Code, with conditions listed in the staff report [and insert any additional conditions of denial],” and to authorize the Chair to sign the Findings of Fact. 2. Approval of the Application: “Motion to recommend approval of the preliminary plat application from Gary Ratliff, for Parkside Townhouses Division 2, finding the application does meet the standards for approval under AN EQUAL OPPORTUNITY EMPLOYER | VETERAN’S PREFERENCE  Chapter 16.20.050 of Pocatello Municipal Code, with the conditions listed in the staff report, and add (insert any additional conditions), and to authorize the Chair to sign the Findings of Fact.” ATTACHMENTS: A. Public Works Memorandum, dated November 3, 2021 B. Aerial of the Site C. Application & Preliminary Plat Table 1. Preliminary Plat Review Criteria Analysis REVIEW CRITERIA (16.20.050): Compliant City Code and Staff Review Yes No N/A Code Section Analysis 16.20.050 A The subdivision proposal complies with applicable provisions of ☒ ☐ ☐ this title. Staff Review The proposal is compliant with all applicable standards of Title 16, provided that all comments and conditions are met. 16.20.050 B. The subdivision proposal complies with all applicable city design standards and development regulations. ☒ ☐ ☐ Staff Review Assuming all conditions and corrections are met, the proposed subdivision is compliant with all applicable city design standards and development regulations. See further discussion for Criteria 16.20.050 A-H and the Public Works Memorandum dated, November 3, 2021. 16.20.050 C. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. Staff Review The subject property is zoned Residential High density which requires a minimum lot size per townhome of 3,620 square feet. The smallest ☒ ☐ ☐ lot proposed measures approximately 3,702 square feet. Per Code Section 17.05.610(2) a minimum of forty five percent (45%) of the front yard shall be completed with landscaping. Per Code Section 17.05.610(4) the front door of the structure shall face the street from which the building is addressed (see condition #2 above). Per Code Section 17.05.610 (4). 16.20.050 D. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. 1. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. Staff Review R.O.W. Improvements: The proposal calls for the extension of South 1st Avenue 1,185-feet (+/-) southwest connecting to Bengal View Drive. An extension of Stansbury Street will extend between South 2nd ☒ ☐ ☐ Avenue and the north end of S.1st Avenue. The latter street will consist of a 50-foot wide right-of-way with 18’.5” paved street section on both sides as well as 2-foot curb; 5-foot planter and 4-foot wide sidewalks. Water, Sewer, & Stormwater: Water and sewer are available to extend to the proposed subdivision and shall be subject to all applicable Municipal Standards prior to acceptance of the final plat. Water and sewer connections are shown extending to each residential lot. The subdivision includes one (1) storm water pond (Lot 33, Block Parkside Townhomes Division 2, November 10, 2021 Page 2 of 3 City of Pocatello Planning & Development Services  1) covering 16,945 square-feet (+/-). All development must comply with City Erosion and Sediment Control and Stormwater management requirements. See the attached Public Works Memorandum (Attachment A) for additional comments/conditions pertaining to water, sewer and stormwater requirements. Utility Provider & City Department Notice: Pursuant to Municipal Code 16.20.040F, utility providers and affected City departments were provided notice on 10/13/21. To date, no comments have been received from the Utility providers receiving notice. The applicant is responsible for contacting all private utility companies for extension of services such as power, natural gas, and internet services. City Department comments/conditions are summarized in Attachment A. Private Covenants, Restrictions & Conditions: Recorded Owner’s Covenants, Conditions and Restrictions (CC &R’s) for the subdivision, if any, must be submitted after the recording of the final plat. 16.20.050 E. If city public works determines that the proposed subdivision will result in significant traffic impacts pursuant to subsection 16.20.030V of this chapter, then a "traffic impact study" will be required as part of the commission's review. Staff Review Municipal subsection 16.20.030V states that a traffic impact study will be required for any subdivision creating one hundred (100) or more peak hour trips based on the Institute Of Transportation Engineers' ☒ ☐ ☐ "Trip Generation Handbook" (current edition). A traffic impact study may be waived by the Public Works Department upon the receipt of an approved traffic analysis to be included with the application. The proposed subdivision will not generate 100 or more peak hour trips and is not required as part of the application review, however, Public Works staff is requiring that traffic analysis be provided with submittal of the final plat (see Development Condition #11 of Attachment A). 16.20.050 F. The proposal provides for a continuation of a connected transportation system unless topography or natural features ☒ ☐ ☐ prevents a connection to abutting streets or property. Staff Review The proposed subdivision connects to all abutting streets where possible. See Criteria 16.20.050.D above for additional comment. 16.20.050 G. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock transportation planning organization's most recent adopted bicycle and pedestrian plans. ☒ ☐ ☐ Staff Review The Bannock Transportation Planning Organizations (BTPO) adopted Bicycle and Pedestrian Plan near the site identifies South 2nd Avenue as a future bike route between Benton Avenue and Fredregill Road where it continues through lower Ross Park connecting to Kirkham Trail. 16.20.050 H. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. (Ord. 2971, 2016) ☒ ☐ ☐ Staff Review Extension of public utilities shall be coordinated with the appropriate agencies with all cost bore by the developer. See Criteria 16.20.050.D for additional comment. Parkside Townhomes Division 2, November 10, 2021 Page 3 of 3 City of Pocatello Planning & Development Services 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 ____________________________ Aceline McCulla, Secretary Page 3 of 3 Parkside Townhouses Division 2 Attachment A Parkside Townhouses Division 2 Attachment B Parkside Townhouses Division 2 Attachment C