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Home My WebLink About011-06-08City of Chubbuck LAND USE & DEVELOPMENT COMMISSION MINUTES November 6, 2008 7:00 PM Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, November 6, 2008. Present: Chairman Pete Anderson; Commission Members: Michelle Christy; Jim Eborn, Shawna Elmer, Morris Kinghorn, Deloy Stuart; City Staff: Tom Holmes, Larry Kohntopp, Secretary DeLaina Baker. Chairman Anderson called the meeting to order at 7:00 PM. There being no conflicts of interest, the meeting proceeded. APPROVAL OF MINUTES: Morris Kinghorn moved the minutes for October 7, 2008, be approved as drafted; Shawna Elmer seconded; all approved. Chairman Anderson then opened the public hearing: 1. An application by Ken S. Jones, 5673 Sorrell Drive, Chubbuck, Idaho 83202, for a Conditional Use Permit for installation of a residential windmill power generator. The property is located at n 5673 Sorrell Drive. The applicant, Ken Jones, described his windmill as 35 feet high with 12 -foot blades. It will be placed on an acre of land. He said the vendor did not show up for this meeting. He explained that he would like to generate power to help reduce the amount of power imported into Idaho, to help with the national energy crisis, and to provide an independent energy source for his own use. He said the windmill is quiet, and it is white in color. The Commission discussed the following with the applicant: • it should not exceed the allowable height of 35 feet • potential noise, vendor said it should not be heard at 30 foot distance • it will withstand up to 140 mph winds • generates starting at 8 mph and up to 21 mph City Planner, Larry Kohntopp, said the height can be conditionally permitted if it is over 35 feet high. He referred the Commissioners to his notes regarding sixteen items to be considered. Commission discussed whether this would be covered under communications towers. Tom Holmes said it does not fit, thus the permit process. Chairman Anderson then opened for the hearing for public comment: Cathy Cordell, 5631 Sorrell Drive, friend of the Jones, did not know much about this new n equipment and she lives next door with horses. She is concerned about the size, sound, foundation, generator noise and location, radio waves affecting telephone communications, aesthetics and other unknowns in this experimental situation. She was also concerned it will spoil the beautiful view of the sunset. Charles Stroud, 5700 Sorrell Drive, lives across the street and is concerned about the noise while trying to sleep. He shared several concerns he has found in his research. He is concerned it will affect his view out his front window. He said a project of this nature has no business being in a residential neighborhood. Donna Riedy, 5656 Sorrell Drive, lives across the street, admires environmental reasons for them wanting it, but thinks the tower height is aesthetically invasive. She believes there are better options available. Bob Anderson, 5646 Sorrell Drive, lives across the street, and wanted to vouch for the Jones' character of being good neighbors since 1979 and for taking care of their property. He is in favor of the project. There being no further comments, Chairman Anderson closed the public hearing and returned to Mr. Jones for further comments: Jones said Mr. Stroud would not be able to see the tower from his house. It will be placed in the middle of his property, behind his garage. He doubts Mrs. Cordell would be able to see it either. He said it will not make as much noise as barking dogs in the neighborhood. He has been assured of its quiet operation, and that you can't hear generator at 30 feet away. Idaho Power confirmed quietness of a small windmill for him. n Commission discussed: • 35 -foot height or under should be observed • city noise ordinance would protect neighbors • green energy being favorable • three 6 -foot blades form a 12 -foot diameter • mature trees can be taller at 30 -40 feet or more • building permit and inspection will be required Deloy Stuart moved the application by Ken S. Jones, 5673 Sorrell Drive, Chubbuck, Idaho 83202, for a Conditional Use Permit for installation of a residential windmill power generator at 5673 Sorrell Drive be approved, with the requirement that the overall height not exceed 35 feet. Morris Kinghorn seconded the motion. With all commission members understanding the motion, they voted. Roll Call Vote: Michelle Christy -Yes; James Eborn -Yes; Shawna Elzner- Yes; Morris Kinghorn -Yes; Deloy Stuart -Yes; Chairman Pete Anderson -Yes. Motion passed. 2. An application by University Bible Church, Campus Box 8133, Pocatello, Idaho 83209, for a Conditional Use Permit to build a church at approximately the 4600 block of Philbin Road. Norris Ganstrom, 2766 Owyhee, a church elder and a member of the building committee, appeared and described the layout with a 14,000 square foot church building on three acres. He believes that, with the assistance of an architect, they have met all of the requirements for the streets, driveways, and parking codes. City Planner, Larry Kohntopp, said it has been through Design Review and provision was made for joint access to the property. Tom said they had them move the entrance to the parking lot back to avoid congestion. The Commission discussed: Philbin Road is the only access and egress drawing shows the cross height is 48 feet 6 inches, which can be cleared by this conditional permit being approved Chairman Anderson then opened the hearing for public comment: Gerald McNabb, 12973 N. Philbin Road, said there is an existing pressurized irrigation system on the east side of the property. Justin Higbee, 1105 Sawtooth Street, asked about specific windmill location. Larry Kohntopp showed him on a drawing. It is going to five acres from Chubbuck Road. Mr. Ganstrom said the location is where the wheat is currently planted. The Commission discussed: • nice looking building • no objections Morris Kinghorn moved the application by University Bible Church, Campus Box 8133, Pocatello, Idaho 83209, for a Conditional Use Permit to build a church at approximately the 4600 block of Philbin Road be approved, providing the Design Review and city codes are followed. Jim Eborn seconded. With all commission members understanding the motion, they voted. Roll Call Vote: Michelle Christy -Yes; James Eborn -Yes; Shawna Elmer -Yes; Morris Kinghorn - Yes; Deloy Stuart -Yes; Chairman Pete Anderson -Yes. Motion was approved. 3. An application by University Bible Church, Campus Box 8133, Pocatello, Idaho 83209, for a zoning change from Agricultural (A) to Limited Commercial (C -1) at approximately the 4600 block of Philbin Road. They will be building a church at this location. Mr. Ganstrom had no further comment. Chairman Anderson then opened hearing for public comment. There being none, the Commission began its discussion: • commercial zoning was decided by the Design Review committee in keeping with the comprehensive plan commercial corridor and PUD. There being no further discussion, Morris Kinghorn moved to recommend approval by the city council for the application by University Bible Church, Campus Box 8133, Pocatello, Idaho 83209, for a zoning change from Agricultural (A) to Limited Commercial (C -1) at approximately the 4600 block of Philbin Road to build a church; Shawna Elmer seconded. With all commission members understanding the motion, they voted. Roll Call Vote: Michelle Christy - n Yes; James Eborn -Yes; Shawna Elmer-Yes; Morris Kinghorn -Yes; Deloy Stuart -Yes; Chairman Pete Anderson -Yes. Motion carried and will go to the first city council in December. GENERAL BUSINESS: Chairman Anderson proposed the city look closer at possible ordinance on windmills. Where there is one, there may be more. He asked City Staff to consider this. The Commission discussed several issues briefly. Morris Kinghorn moved the meeting be adjourned; Jim Eborn seconded; all voted in favor. The meeting adjourned at 7:46 pm. J�. n A n L -O � caj'zz' DeLaina Baker, Secretary .e LUDC