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Home My WebLink About006-02-09City of Chubbuck LAND USE & DEVELOPMENT COMMISSION MINUTES June 2, 2009 7:00 PM Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, June 2, 2009. Present: Chairman Pete Anderson; Commission Members: Rodney Burch, James Eborn, 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. Chairman Anderson asked if there were any conflicts, and there being none, the meeting proceeded. SPECIAL BUSINESS 1. Chairman Anderson introduced council appointed commissioners Rodney Burch and George Merrill. 2. Commission Chair election for the year proceeded as follows: Jason Mendenhall nominated Pete Anderson as Chair from June 2009 to June 2010; Morris Kinghorn seconded. Morris Kinghorn moved all nominations cease; Jason Mendenhall seconded. All voted in favor of Pete Anderson continuing as Chair from June 2009 to June 2010. 3. Commission established the position of Vice Chair and elected a commissioner to this position: Morris Kinghorn nominated Jason Mendenhall as Vice Chair of the Commission; Jim Eborn seconded. There being no further nominations, Morris Kinghorn moved for unanimous consent for Jason Mendenhall to be Vice Chair. All voted in consent. APPROVAL OF MINUTES for May 5,2009: There being no corrections, Jason Mendenhall moved the minutes for May 5, 2009 be approved as mailed; Morris Kinghorn seconded; all voted to approve. PUBLIC HEARING: An application by Bryan Cooper, PO Box 2618, Pocatello, Idaho 83201, for a Conditional Use Permit for a shipping container sales and rental storage yard. The property is located at 205 Lakeshore Drive. Bryan Cooper, 12864 Triple Crown, Pocatello, Idaho, appeared to describe his project to the commission. He said the PO box is his office. He said his father owns the building on Lakeshore, which he plans to use for container storage and rental. He has been in the moving van business for over 30 years and is expanding his services to shipping containers, similar to Pods. They will be using two storage bays, and containers will be stacked two units high. This will be a temporary location. They plan to move to their Industry Way property when they need a larger warehouse. Commission asked Cooper, and he responded: • currently his containers are all 8 foot 6 inches high by 8 foot long, others can be larger • container is metal • allow household goods or electronic equipment, and later may allow food items • no hazardous materials are allowed • refrigerated cooler units exist, but he does not have them now • two units high is all his storage will take for now • may expand in about two years if successful City Staff, Larry Kohntopp, said Cooper told him the Lakeshore Drive access would be narrowed to restrict large trucks. Staff has found the street is not platted and plans to discontinue the address. The new address will be 204 Bullock. Kohntopp said the landscaping is sufficient. Cooper responded to the commission that he has set up concrete blocks to narrow the Bullock Street entrance to prevent trucks from using the dead end and damaging his property. Chairman Anderson said city building code restricts hazardous materials. Rodney Burch had concerns about enforcement, which Larry Kohntopp said could be handled by the fire department. There being no public comment, the hearing was brought back to the commission for discussion. Commission discussed • suggested two year revisiting for the conditional use permit to check compliance • double stack height could be limited to 20 foot. Rodney Burch moved the application by Bryan Cooper, PO Box 2618, Pocatello, Idaho 83201, for a Conditional Use Permit for a shipping container sales and rental storage yard, located at the current address of 205 Lakeshore Drive, which will be changed to 204 Bullock, be approved with the conditions that it will expire two years from the date of approval and applicant may reapply at that time, that no materials stored will be in violation of any hazardous materials or fire department regulations, that the height will not exceed 20 feet high. Bryan Nield seconded. With all understanding the motion, they voted. Roll Call Vote: Rodney Burch -Yes; James Ebom - Yes; Ron Horner -Yes; Morris Kinghom -Yes; Jason Mendenhall -Yes; Bryan Nield -Yes; Chairman Pete Anderson -Yes. Motion passed and can be appealed to the city council within 25 days of this meeting. 2. Proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas. Jim Eborn noted the first paragraph phrase "not less than 16 days" should read "not more than 16 days ". Commission discussed the 20 -foot limit. The hearing was then opened for public comment: Bryan Cooper, 12864 Triple Crown, Pocatello, Idaho, suggested allowing up to a 40 -foot container for a shorter time period of a few days. Tom Holmes described the history of this ordinance regarding railroad cars and the reasons for allowing temporary 180 -day use for businesses. Chairman Anderson responded that a conditional use permit could allow a longer time period. Commission discussed larger containers. Cooper asked commission to clarify fee application. Holmes responded the storage container permit fee will be $25 or less, since the permit serves mainly the purpose of tracking. Each container location would need a permit, a business license fee does not cover this permit. City Staff discussed allowing more than one container per location. Gary Cooper, 388 Willow Lane, Logan, UT, commented that moving is labor intensive and the demand for containers is growing. He said Bryan Cooper has two trucks. He pointed out planned modifications to the current site to change the curb cut entrance and block off the old drive with landscaping. He said it is temporary until moving to the new location. There being no further public comment the hearing was returned to commission for discussion: • removing size limits and reducing days allowed on site • largest city container is at least 20 ft long and sits for two or three days • four day limit for 40 ft container, and allow one 40 ft or two 20 ft • compared to 53 foot semi truck used for moving • 16 days allowed for two weekends, too long for larger containers • whether to allow placement in street temporarily • need for enforcement tools • allow larger ones only in specific locations Unable to reach specific conclusions at this time, the commission agreed to continue the discussion at a future meeting. Chairman Anderson suggested the ordinance be tabled for redrafting. Jason Mendenhall moved the proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas be tabled until the commission's July meeting; Ron Horner seconded. All voted in favor of tabling the ordinance until July meeting. GENERAL BUSINESS Consider draft ordinance deleting all the provisions in Chapter 17.12 providing for waiver of plat; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections of Chapter 17.12 not amended shall remain in effect; and providing when this ordinance is effective. Steven Smart described efforts to refine platting process. A recent proposal felt entitled to a waiver of platting for which the City Staff did not agree. The proposed ordinance eliminates the waiver and requires platting except for one specific type of item left to the discretion of the City Engineer. City Staff responded to Commission questions: • waiver existed for historical reasons and right of way disputes • platting process simplifies assessments and title transfers • eliminates room for errors in complicated meets and bounds legal descriptions • short plat is a shortened process where various preliminary approvals are not necessary before going to the city council Morris Kinghorn moved the proposed ordinance as amended be brought to public hearing at the next meeting in July; Jim Eborn seconded. All voted in favor. 2. Tom Simko will speak to the commission on Residential Windpower Generators. Mr. Simko of Inkom has used various forms of residential power generation on his own property for the past 40 years. His experience could benefit the commission as they formulate the proposed wind power generation ordinance. Tom Simko addressed the commission with several comments: • does not recommend small tower wind generators for small lots, other methods of saving can be better choices • popular trend momentum can lead to people being taken advantage of • federal tax credits have been increased, but hasty decisions are not wise • shared a copy of "Homepower" magazine for solid information on real life owners • shared some photos of wind generators in this area • suggested other methods, such as solar panels Chairman Anderson expressed the commission's need for addressing the use of wind generators in an ordinance to prevent some problems and its need for more information to make decisions. General discussion continued: • making ordinance restrictive enough • creating a committee to study proposed projects • if generator has already been purchased before approval • need to educate public on options available or practicality • recommended 35 ft above structures in a 500 ft radius for good generation • whether to allow a planned larger turbine on a large lot for serving a subdivision rather than an individual residence • requiring fall zone or lot size minimum • noise issue relative • if power grid goes down, the power still goes out, and batteries are expensive Jason Mendenhall moved the meeting be adjourned; Mo is Ki orn seconded; all voted in favor. The meeting adjourned at 8:53 PM. n DeLaina Baker, Secretary LUDC