Loading...
HomeMy WebLinkAbout001 03 80LAND USE & LAND DEVELOPMENT COMMISSION MINUTES January 3, 1980 Minutes of the regular meeting of the Land Use & Land Development Commission held in the city municipal building, January 3, 1980. Meeting called to order at 8:05 p.m. by Acting Chairman Dwain Kinghorn. Present: Chairman Dwain A. Kinghorn, Commission Members: Del Peters, Mike Metcalfe, Becky Hopkins, Dean Wood, and Janet Williams, Dee Stalder was excused, City Engineer Steven Smart and Secretary Myrna Crapo, Attorney Don Burnett. Chairman Kinghorn asked for any corrections or additions to the minutes of the meeting held December 6, 1979. There being none, Mike Metcalfe made a motion to accept minutes as written. Dean Wood seconded the motion. All voted in favor. As a follow up to the December 6 minutes, Chairman Kinghorn told the commission that Don Andra's trailer was still there, but that the water had been disconnected and that it would be moved as soon as the people arrived to pick up the trailer. PUBLIC HEARING ITEM: DENNIS JONES request for a conditional use permit to place a mobil home at 120 W. Linden for residential purposes. Property is presently zoned General Commercial (C-2) Mr. Jones told the commission that he was desirous of living in the trailer and that it would not be used for business purposes. He would like to leave the trailer there until the area is developed commercial. Mrs. Edna Bayliss, 150 W. Linden, commented that the trailer home was moved into its present location and set up without first comming to the city to apply for a conditional use permit. She expressed concern for the enforcing of ordinances in the city. Mr. Wallace Bayliss, 150 W. Linden, stated that they did not object to Denny Jones trailer, as there were other trailers on the ~t~eet. They would like to have a time limit placed on the trailer. Chairman Kinghorn advised the commission to consider: ~1. Impact on area, what it might mean to the other residents in the area 2. Whether it was compatable to the area 3. We have control of any development in the city so any reasonable condition that you want to place upon the trailer being placed on the lot could be done. 4. The commission could designate the location. Becky Hopkins made a motion to recommend to the city council denial of the conditional use permit on the basis that it isn't consistent with the comprehensive plan and that this board has turned down several requests in the past and she feel that consistency is important here.~ Denny Jones really hasn't given any hardship that would require this. Janet Williams seconded the motion. Wood, No; Peters, No; Metcalfe, Yes; Williams, Yes; Hopkins, Yes; ->~ PUBLIC HEARING ITEM: John O. Cotant, Jr. request for a Land Use District change for his property, at 420 W. Chubbuck Road, to General Commercial (C-2). Property is presently zoned General Residential (R-2) OOHN O. COTANT, OR. Mr. Cotant told the commission that the change would 9o to the property line of the apartments and that he was not planning any new businesses. Mike Metcalfe made a motion to recommend to the City Council to approve the proposal of Mr. J. O. Cotant, Jr. for a Land Use District change for property located at 420 W. Chubbuck Road from General Residential (R2L~ to General Commercial (C2). The reason being the proposed change is consistent with the actual use of the property and with the comprehensive plan. Dean Wood seconded the motion. Williams, Yes; Hopkins, Yes, Metcalf, yes; Peters, Yes; Wood, Yes, Kinghorn, Yes. PROPOSED SUBDIVISION: ROY J. LACEY wants to put in a mobile home subdivision on 16 acres on the Chandler Property off of Hawthorne next to Dell Acres. He wanted to get the Commissions feeling on the project before he goes ahead. The land will be sold and will be in three sections. The 1st section would be double wide trailers, the 2nd section would be 14' wide trailers, and the 3rd section would be for older, retired people without children. He would comply with the R-2 specifications. Chairman Kinghorn informed Mr. Lacey that they need to hold a public hearing, so that people can express their feelings. Becky Hopkins was excused. PUBLIC HEARING ITEM: Chairman Kinghorn opening the hearing on items to be considered for change in the Land Use Ordinance #205. Mr. Darrell Smith, who locally owns a portable sign company, requested that the Commission amend the ordinance covering his business and come up with requirement similar with Pocatello's. Chairman Kinghorn read the Notice of Public Hearing. 1. Whether the ordinance should be amended to allow the use of portable signs, to alter the limitations on projecting signs and to change the regulations governing free-standing on,premises signs. Engineer Steven Smart reviewed the changes that he proposed. He stated his reasons for these recommendations were decided upon by the building inspector Dan Stuart, and himself after talking with Mr. Darrell Smith and looking at Pocatello new regulations. They were concerned with the projections of signs, our current ordinance mlyallows projection of 2 feet;and with free standing on premises signs, there appear to be to small in our current ordinance. The proposed changes were as follows: 1. Page 21, lA. delete first sentence and add'All flashing or animated lights with or a part of any sign shall be limited to a maximum of one hundred (100) watts. No red, amber, blue or clear lights which could be mistaken for emergency warning or traffic lights shall be utilized." 2. Page 21, lB. Delete first sentence and add Sign structures and sign foundations shall be designed in accordance with applicable provisions of the latest edition of the building code adopted by the city. The City may require that the structure and foundation design be certified by an engineer licensed in the State of Idaho. 3. Page 22, D. Delete from'hr more thah twd' to end of the sentence and add'hot exceed that shown in the following table~' PROPOSED CHANGES FOR LAND USE ORDINANCE #205 3. Table to be inserted, after C Page 22 BOTTOM CLEARANCE MAXIMUM PROJECTION Less than 8 feet 8 feet 8 feet to 16 feet Over 16 feet Not Permitted 1 foot 1 foot plus 6 inches for each ~ ' foot of clearance in excess of 8 feet '~ 5 feet ~ 4. Page 22, E. Delete "or on any premises," to end of sentence and add"nor within four (4) feet of any public right-of-way line or any property line." 5. Page 25, E. Change thirty feet in height to eighty (80) feet, and one hundred square feet to six hundred (600) square feet per display. Mike Metcalf made a motion to recommend to the City Council acceptence of the report on signs with the addition to limit the size of the sign to four areas so there will be no intermingling of signs. The 1st area being Interstate/freeway, errected within 600' limits. 600 sq. foot maximum with 80 foot height maximum. The second area being Shopping Complex signs with 200 Square foot maximum, 40 foot height maximum restricted to C2.and I areas only. The third area being individual business signs with 30 foot height maximum, 100 square foot maximum restricted to C2 and I areas. The fourth area beings~elite with 20 foot height maximum and 50 square foot Maximum. Dean Wood seconded the motion. All voted in favor. The second item on the hearing was whether the ordinance should further amend to set forth a definition of child care centers with reference to the number of children, the times of day when care is provided and the fact that care is provided for compensation. Mike Metcalfe made a motion to recommend to the city council to incorporate into the land use ordinance the definition from the IdahO Code Section 39, 1201C "The term "day care home" as used in sections 39-1201-391207 shall mean a home or place in which any child or children not related by blood or marriage to the person or persons operating such home are regularly received and cared for during any part of the twenty-four hour day." with the addition of five children minimum and the fact that care is provided for compensation. Janet Williams seconded the motion. All voted in favor. The third item on the hearing was whether the ordinance should further be amended to exclude livestock except in Agricultural-Transitional (A-T) allowed as permitted uses or as valid pre-existing non-conforming uses, under the previous Chubbuck zoning ordinance, No. 98. Janet Williams made a motion to recommend to the city council to amend to allow livestock in Agricultural-Transitional (A-T) areas, and in those areas where livestock were previously allowed as permitted uses or as valid pre-existing non-conforming uses, under the previous Chubbuck zoning PROPOSED CHANGES FOR LAND USE ORDINANCE #205 ordinance, No. 98, and to exclude livestock in all other areas. Dean Wood seconded the motion. All voted in favor. The fourth item was whether the ordinance should be further amended to reduce side yard requirements in residential land use districts. The commission discussed the side yard requirements and several builders stated their preference for ~i. de yard,requirements. Mike Metcalfe made a motion to recommend to the city council that they go with a 14' total off setting with 5' minimum on one side. The economics demand that we do this for an incentive for people to come out and buy these houses and reside in Chubbuck. Del Peters seconded the motion. Wood, Yes; Peters, Yes; Metcalfe, Yes; Williams, Yes; Kinghorn, No. The fifth item was whether the ordinance should be further amended to create a category of residential dwellings known as "Mobile Homes" separate from the"Production Dwellings" category now existing in the ordinance and setting forth specific regulations for such mobile homes. The commission discussed the use of 'production dwelling in the ordinance, and the changing to mobile homes. They discussed taking the term production home from the ordinance and leaving the multiple household as it reads in the ordinance. The feeling of the commission was that mobile home should be broken down into mobile home #1 and mobile home #2, and thatmobile Home #1 would be those that are on A) permanent foundation, b) not less than 20 feet wide, c) have a pitch roof, and d) be situated paralell to a street; that mobile home 2 w.ould be all others. Dean Wood made a motion to recommend to the City Council that we'll scrape prOduction home definition and all other references to it in the new ordinance. We'll substitute mobile home and define it and then we'll break that down into mobile I and mobile 2. Mobile I will be conditionally permitted in Agricultural or any residential zone and prohibited elsewhere. Mobile 2 homes outside of courts will be prohibited everywhere. Mobile 2 home courts will be conditionally permitted in Agricultural or C2 or Industrial Areas and prohibited everywhere else. Single Household dwelling be permitted in Agricultural, R-1 and R-2 and prohibited everywhere else. Mike Metcalfe seconded the motion. All voted in favor. The sixth item was whether the ordinance should be further amended with respect to Production Dwellings and the proposed category of Mobile Homes to bring the requirements for ~roduction Dwelling Courts and Mobile Home Courts into closer conformity with the requirements imposed for conventional housing in General REsidential (R-2) land use districts under the land Use Ordinance and other applicable ordinances. After discussing the item Dwain Kinghorn made a motion to recommend to the city council the following. Mobile home court standards will now apply to mobile home 2 courts and will be modified to impose the same standards as are now imposed on conventional R2 type developments and with the exception A. dedication requirements on streets and utilities may be waived, and B. PROPOSED CHANGES FOR LAND USE ORDINANCE #205 minimum lot width may be reduced to 50 feet and that the minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be eight. Del Peters seconded the motion. All voted in favor. Dean Wood made a motion to adjourn at 11:15 p.m. Del Peters seconded the motion. All voted in favor. Chairman 'Dwain King~'n' Myrna~_ ~Crap6; SecretaryXx Name of Applicant: Denny Jones Conditional Use Permit - Place a production Dwellin9 at 120 W. Linden CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE AND DEVELOP>~NT CObLMISSION: A. X To Recommend Authority: Action taken: Bo To Decide Application approval Application denied Application approved on fol- lowing condition(s): The following ordinances and standards were used in evaluating the application: ~ is taken for the following reasons: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT COM!4ISSION: Chairman / Presiding Officer Name of Applicant: John O. Cotant, Jr. Land USe District Change CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE ~D DEVELOP~NT C0~ISSION: A. X To Recommend Bo Authority: Action taken: To Decide Application approval Application denied Application approved on fol- lowing condition(s): The following ordinances and standards were used in evaluating the application: ~ ~ ~~z~l~_ ~/~ ~. The above mo~i%n is taken for the following reasons: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT CO~4ISSION: By Chairman / Pres%d~0fficer