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HomeMy WebLinkAbout005-05-09City of Chubbuck LAND USE & DEVELOPMENT COMMISSION MINUTES May 5, 2009 7:00 PM Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, May 5, 2009. Present: Chairman Pete Anderson; Commission Members: Michelle Christy; James Ebom, Ron Horner, Morris Kinghorn, Jason Mendenhall, Bryan Nield; City Staff. Steven Smart, 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: There being no corrections, Morris Kinghorn moved for approval of last meeting's minutes for April 7, 2009, as written; Jason Mendenhall seconded; all voted in favor. GENERAL BUSINESS 1. Consider draft ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas. Tom Holmes reviewed his improved draft of the container ordinance. He said underlined items are added. Commissioners discussed: • Clarified that "20 feet to the rear of the principle structure" means the side setback will be extended 20 feet beyond back of building from side yard. • Railroad cars are not allowed. • It may not be feasible to have all signs removed, especially with the short time period allowed. • Items 5 and 7, as to who gets the container permit: either the supplier or the resident. • Clarified the permit is good for 30 days, but the container can only sit for 16 days. • How to enforce if the person is moving out? • Scheduling issues when the resident may not have control over supplier delivery. • Who should be fined if container is left; why would supplier care if resident was being fined. • Permit should be good from date container is placed. Code enforcement may be able to help track it. There was some opposition to the permit being necessary, that it does not make enforcement any easier. It gives some legal recourse if there is a complaint. It provides tracking to cover the rare instances when it may be a problem. Construction storage requires a building permit. -1 Commission discussed fee possibly being set at $25 or lower. Chairman Anderson proposed we move this ordinance to public hearing. Morris Kinghorn moved the draft ordinance amending Section 18.12.030 (A) be moved to a public hearing; Ron Horner seconded; all voted in favor. 2. Consider creating ordinance guiding installation of residential windmills. Larry Kohntopp relayed some wind power information in addition to the handout he shared with commission. He said one application was already granted by the city, the same person may be adding another, and another new applicant is expected soon. Chairman Anderson said a charter school expects to install one also. Larry also commented on ordinances from other communities outlined in the handout. Commission discussed: • Whether to set noise ordinance in allowed decibels. Steven Smart said the existing windmill he visited in the city can barely be heard from the street. Noise is relative to an individual's experience. Current noise ordinance does not set decibels, but does mention distance of 50 feet. • Setting allowable height or height ratio. • Whether to set acreage required or distance from property line for the height. Trees are not judged by height or fall liability, but some towers are covered in the current ordinance. • Height should allow good wind generation. • Adequate base design with anchoring. Commission agreed that about 15 feet above the current height restriction would be reasonable for the ordinance, and also that the structure be self - supporting, engineered, and create no noise above 50 decibels. Discussion followed on distance from property line and the arc not going beyond the setback. Chairman Anderson suggested we bring in the local manufacturer for more information. Ron Horner suggested the first 15 feet be unclimbable. There being no further discussion, Morris Kinghorn moved the meeting be adjourned; Jim Eborn seconded; all voted to adjourn. Meeting adjourned at 8:27 PM. DeLaina Baker, Secretary LUDC