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Council Minutes 07/15/1982 I ~ CO I'-- o <[ <:[ I I July 15, 1982 CITY OF AMMON July 15, 1982 Minutes of the Regular Meeting of the Mayor and City COllllCil: 211 The meeting was called to order at following City officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilman Robert D. Williamson Councilman Thayle D. Monson Absent: Councilwoman Carol 7:35 P.M. by Mayor George Wehmann, with the City Clerk Deon Hemingway Attorney W. Joe Anderson Public Works Direc~or Hayse L. Whiteley A. Dille The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was offered by Councilman Williamson. The meeting was opened as a Public Hearing on proposed changes to the Comprehensive Plan Future Land Use Map and the following interestec people were present: Lloyd Benton, Bruce Lind (AMR Corp.), and Monty Howell - property owners Tim and Lynn Hedahl, 1462 Falcon Dr. Michael and Diane Vlasoff, 3435 Ross Ave. Helen Royter, 2985 E. 17th St. The proposed changes to be considered, as recommended by the Planning and Zoning Commission following a public hearing held on May 11 and concluded on June 8, were described as follows: From high-density residential to commercial on a strip of land along the north side of East 17th Street from Sand Creek to the Paul Benton property; from high-density residential and medium-density residential to commercial on the two corners on the west side of Ammon-Lincoln Road and Sunnyside Road intersection; from medium-density residential to commercial on the property at the southwest corner of the East 17th Street and Crowley Road intersection (Delmar AndeLson property). Mayor Wehmann reviewed the requirements of the state law regarding amending the future land use map. He explained that re-zoning does not automatically take place with changing the map but must be applied for, with a final decision being made only after public hearings on the specific requested zone changea are held before the Planning and Zoning Commission and the City Council, so any proposed changes in zoning must go through a long process before being granted or denied. Lloyd Benton, Bruce Lind, and Monty Howell, representatives of property owners in the areas affected, were recognized. Mr. Benton located the David Benton property on the map, showing it to be at the east end of the strip of land on the north side of 17th Street which was being -considered. In response to a question by Helen Royter, 2985 E. 17th St., he pointed out that this property is adjacent to her residential lot. Helen Royter voiced a formal objection, stating that she does not want commercial next to her property, but would favor a variance procedure for any request for development other than what is allowed in the present R-3A zoning. With regard to this viewpoint, Mayor Wehmann offered the informatlon that recent court actions indicate that variances cannot be granted to get around zoning regulations in a way which would change the use of the land. Bruce Lind noted that the AMR Corporation owns the property from Sand Creek to Falcon Drive bordering on the north side of 17th Street back as far as the Pheasant Estates complex and also part of the lot on the east side of Falcon Drive north of the bank property. He mentioned that the possibility of a restaurant in the area was being considered, and a change to commercial designation for land use is desirable for potential development of the property. Tim Hedahl, representing the 47 Pheasant Estates condominium owners, presented a prepared statement which listed reasons for being against a change to commercial on the AMR property based on the unknown nature of the proposed developments, uncertainty of the direction of future commercial growth in the area (i.e., proposed mall, etc.), the wide range of possible commercial developments implied in the commercial zone rating, and inherent problems associated with commercial and residential develop- ments located next to each other. He expressed the opinion that a commercial use would detract from the existing residential use and that the condominium owners wish to maintain the restriction to low profile professional businesses such as the bank which is presently located there. Following a question by Councilman Swensen, Mr. Hedahl explained that no comments were given by anyone from Pheasant Estates at the Planning Commission hearing because of a recent change in officers, but the statement was approved in time for the City Council hearing. There was no one present representing the owner of the property at the Ammon Road-Sunnyside Road intersection, and Mayor Wehmann explained that the change at this location was being considered because of a re-zone requested by Richard Kelly on the lot at the northwest corner which could not be acted upon without amending the land- use map; also, the Planning and Zoning Commission recommended changing the designation on the southwest corner at the same time to make that area consistent with the present zoning of Residential Shopping Center (RSC-l). In response to an inquiry by Diane Vlasoff who asked, as an interested resident, about what Richard Kelly has in mind for his pro- perty, Mayor Wehmann noted that, according to Mr. Kelly, the zone change is needed in order to plan for the future and to have a zoning similar to that on the land across the street where Kelly's Market is located. In connection with the Delmar AnQerson property, there wereho comments from the public on the proposal and the owner was not in attendance. It was pointed out that a C-l Zone had been approved for 14.7 acres on a preliminary plat submitted in 1980 with the request for annexation of Delmar Anderson Addition, Division No.2, which was never finalized, and the Planning and Zoning Commission recommends changing the future land use map of the Comprehensive Plan to commercial to be consistent with the previously approved zoning, with the size of the area for commercial designation July 15, 1982 212 being increased to a 20-acre square, as requested by Mr. Anderson at the Planning and Zoning Commission public hearing,on May 11, 1982. The public hearing was closed, and Mayor Wehmann suggested that action be taken on the three proposals separately. A motion was made by Councilman Monson and seconded by Councilman Swensen to amend the Comprehensive Plan future land use map to designate as commercial a 20-acre square.at the southwest corner of the East 17th Street and Crowle Road intersection (Delmar Anderson property as recommended by the Planning and Zoning Commission; voting was Monson yes; Williamson yes, Swensen yes; motion carried unanimous- ly. Councilman Williamson moved to approve a change on the Comprehensive Plan future land use map to commercial on both the northwest and southwest corners of the Ammon- Lincoln Road and Sunnyside Road intersection as recommended by th~ Planning and Zoning I Commission. (A more specific description of these areas are: (I) The northwest corner, Richard Kelly property--the east 170 feet of Lot 4 Block 16 Original Townsite of Ammon, and (2) the southwest corner--the area at that loca~ion presently designated as Resi- dential Shopping Center (RSC-l) on the official zoning map.) The motion was seconded by Councilman Swensen; voting was Williamson yes, Swensen yes, Monson yes; motion carried. It was moved by Councilman Williamson that, due to the fact that the Comprehensive Plan is a guide to aid the City in determining where growth in the area will be, the City Council approve the Planning and Zoning Commission's recommendation that "a strip of property from Sand Creek on the west to and including David Benton's property on the east alo the north side of 17th Street which is now designated as high density resi- dential colored brown on the future land use map of the Comprehensive Plan for Ammon be changed to commercial". (A more specific description of this area would be: Starting at Sand Creek on the north siue of East 17th Street and going east to the east boundary of the Ammon 17th Street North Additlon, then north to the northeast corner of Lot 4 Block 8 of that subdivision as shown on the plat which was approved on June 8, 1977, then following along to the west at approximately the same distance from 17th Street with a curve to the north ending at a point tnat is approximately lJO feet south of the northeast corner of the Monty Howell Addition, tnen going south to the northeast corner of Lot 1 Block 3 of the Monty Howell Addition, then west to Sand Creek and south to 17th Street, thus excluding the area in the Monty Howell Addition which was approved as a Dwelling Group (Planned) on September 14, 1977, part of which is now developed as the Pheasant Estates Condominiums.) The motion was seconded by Councilman Monson; voting was Williamson yes, Monson yes, Swensen yes; motion carried unanimously. (Note: Specific descriptlons are included in the minutes as a result of consulting with 'the City I Attorney. ) Ordinance No. 191 ordinance, was brought up for action. (See minutes for July 1, 19 2, for complete title. It was noted that the first reading of the ordinance was accepted at the previous meeting. Councilman Swensen moved to dis- pense with the second reading of Ordinance No. 191 and place it on its third and final reading. The motion was seconded by Councilman Williamson; voting was Swensen yes, Williamson yes, Monson yes; motion carried. After the ordinance was read, 'it was moved by Councilman Swensen and seconded by Councilman Monson that Ordinance No. 191 be adopted on its third and final reading; voting was Swensen yes, Monson yes, Williamson yes; motion carried and Ordinance No. 191 adopted. Hayse Whiteley was informed that it is his responsibility, as City Building Official, to be the administrator of the ordi- nance requirements pertaining to construction in the flood plain areas of the City. Mayor Wehmann presented a schedule for holding the public hearings and adopting the budget for Fiscal Year 1983, and a ~udget work session was planned for August 12. It was mentloned that a law passed at the last seSSlon of the State legislature requires an ordinance to regulate public hearings, and copies of a proposed ordinance were dis- tributed for stuuy. Councilman Williamson reviewed the law enforcement report for May and noted that there is a woman on the Volunteer Fire Department now. Hegardlng the speed limit on 17th Street which was discussed on June J, it was agreed that there should be no change in the Ammon City Limits. Public Works Director, Hayse Whiteley, informed the Mayor and Council about work being I done, such as replacing "No Parking" signs, putting new canvas on the tennis court nets, and repairing the garbage truck. He was given permission to try to buy some surplus equipment items at the State Highway Department sale in Pocatello. According to Mayor Wehmann, some of the Regional Western Boys Baseball games will be played on the new baseball field in Peterson Park, so special arrangements are being made for this activity. The City Clerk presented claims to pay in the amount of $9,174.67 which were approved, along with vouchers totaling $lJ,957.51 for payroll and related expenses which were paid since the previous meetlng. A motion to adjourn was made by Councilman Swensen and secondeu by Councilman Monson; voting was all in favor; meeting adjourned at 9:15 P.M. ~ ATrEST'CIY CLE: ~ fi/ jd'~ MJ:r~IL7#'