Cheney Commission tweaks zoning codes

Cheney’s Planning Commission conducted three public hearings at its May 14 meeting designed to clean up a number of issues in the city’s municipal code — beginning with amendments to zoning chapters 21, 22 and 23.

Most of the changes were in chapter 21, some inspired by previous comments and concerns brought up during other meetings addressing several upcoming developments in the city. The first of these was language added defining a den as a bedroom, which would then count towards any development’s minimum parking requirements.

Cheney senior planner Brett Lucas said comments from citizens and officials claimed developers will change a bedroom to a den if they can’t meet the parking requirements. Language was also added, per state law, to allow electric vehicle basic charging stations as a limited use — meaning it is permitted as long as it’s in compliance with requirements — in multifamily developments.

Commissioner Daniel Hillman asked Lucas if these would apply to a building’s minimum parking requirements. Lucas said they could, but they “hadn’t made that call yet.”

Language was also added to commercial zones C-1 and C-2 and mixed use zones’ “Declaration of Purpose” sections noting the definitions of these types of zones “does not include new sole residential uses.” The mixed use language further stipulated developments must be “built to more of an urban level,” with use tables changed to prohibit attached single dwellings, townhouses and multi-dwelling units in C-1 and C-2.

“We’re just saying here, you want to be residential defined, meet residential standards,” Lucas said.

Language was also added in the mixed use section prohibiting residential units on the first floor if built on First Street, and requiring multifamily developments built in commercials zones to adhere to mixed use standards. In addition, text was added requiring a minimum of 20 percent of a building floor or 25 percent of a site be devoted to commercial uses in order to qualify for mixed use benefits.

“We had one developer come in and wanted all the benefits of mixed use, but was only using 3 percent (of the site) as commercial,” Lucas said.

Changes to off-street parking requirements now require one space per bedroom for duplexes, rather than per unit, and four spaces for a four-bedroom unit in multifamily. Parking requirements for high school parking were reduced from one space per employee to a half space, while retaining the option of one space per four seats or eight feet of bench length in an auditorium “whichever is greater.”

Public Works Director Todd Ableman said the high school seemed to be putting in more gym space with its proposed expansion, which would reduce the need for per employee requirements due to higher ratios.

“This wouldn’t apply to them right now because they’ve already gone through the permitting process for their conditional use (permit),” Ableman added.

Language was also added under “Prohibited home occupations” that banned cyber-currency mining operations exceeding 5 kilovolts. The move was mainly about power usage, as Ableman said several such operations that get together on Cheney’s grid could under-power an area.

Finally, chapter 23’s “Standing to Appeal” section was amended so that rulings by the city’s hearing examiner in areas of binding site plans for five lots or more, conditional use permits, critical area reviews and variances could only be appealed to Superior Court, not as is now possible to Cheney’s City Council.

“He’s (hearing examiner) not making policy, just determining code,” Lucas said.

During comments, Commissioner Dan Turbeville said he views these changes as “cleaning up a lot that has cost the city money in the past.”

“I’m highly in favor,” he said of the adoptions. “It will resolve a lot of issues down the road, I’m sure.”

John McCallum can be reached at [email protected].