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Council Minutes 09/04/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, September 4, 2003 The meeting was called to order by Mayor C. Bruce Ard at 7:35 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Councilmember W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose Planning & Zoning Chairman Tom Hunsaker City Clerkffreasurer Diane Gempler City Officials absent: City Engineer Bill Manwill Public Works Director David Wadsworth Councilmember Waite led the Pledl!e of Allel!iance to the Flal! and Councilmember Anderson offered a praver. MINUTES: Councilmember Folsom asked that a note be entered in the August 21,2003 minutes indicating her vote against approval of Mr. Manson's Bartender Permit is because she is concerned with his moral character. Councilmember Anderson asked that a clarification indicating that the lots North of the Trailwood #6 plat at the end of Matchpoint Drive that are not in the Trailwood Plat need to be considered as they are within the immediate planning area. Councilmember Folsom motioned to approve the Minutes of the August 21,2003 City Council Meeting with corrections noted. Councilmember Anderson seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. CONSENT AGENDA: The Co~ <!$ked Julie Hunsaker and Carol Sanders about the business(s) they are planning as home occupations.-~saker will be making soaps and toiletries in her home, and Ms. Sanders will be doing the bookkeeping and marketing for the business in her home. Councilmember Folsom motioned to approve the Home Occupation Permits listed on the Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Folsom motioned to approve the Non-Commercial Kennel License listed on the Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Bean - Abstained as he is the applicant. The motion carried. Trailwood #6 Final Plat and Development Al!reement: City Administrator Bruce Rose presented slides of the revised Final Plat. The developer has provided lot frontage measurements as requested and, removed the proposed cul-de-sac North of John Adams Parkway, providing for a street stubbed to meet with Match Point Drive in the event those lots at the end of Match Point are developed. Planning and Zoning reviewed the plat at their September 2,2003, meeting and voted unanimously to recommend approval of the plat. The Council discussed the Development Agreement, specifically the requirement that two accesses to and from the division must be completed before 50% of the homes are completed. The Council concluded that the phrase but not later than July 31, 2004, be added to the requirement. Councilmember Bean reported that two individuals, Blair Gardner and Bill Fisher, have purchased the property at the end Match Point Drive. They are have not decided whether they will develop the property or sell it at this time. The street named Trestle Drive on the Trailwood #6 plat will be changed to Match Point Drive before the plat is recorded. City Council Minutes 09/04/2003 - 1 Councilmember Anderson motioned to approve the fmal plat for Trailwood #6. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Folsom _ Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve the Development Agreement for Trailwood #6, adding that not later than July 31,2004, to the paragraph requiring two accesses be completed by the time 50% of the Certificates of Occupancy are issued. Council member Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Ea2le Pointe #6 Final Plat and DeveloDment A2reement: City Administrator Broce Rose presented slides of the property and vicinity. The Plat was initially recommended for approval by Planning and Zoning at their August 5, 2003, meeting. The location is South of 17th Street and East along Eagles Homestead Drive. The Council discussed the street names within the Eagle Pointe area, as some appear to change at unexpected points. Alan Cunningham of Mountain River Engineering explained that the streets had been named in accordance with direction given from City Engineer Bill Manwill. Councilmember Bean asked if the County is ready to sign off on the development as they had been concerned that the new lift station has not yet been installed. Mr. Cunningham reported that following discussions with City Engineer Manwill the County officials are now ready to sign off on the Plat. Councilmember Anderson commented that there is a potential for commercial businesses to be constructed in a portion of this development as it is zoned C-l. She would like the developer to come in for a public hearing to rezone the property to R-2. The Council discussed at what point a property is grandfathered under prior laws when zoning regulations are altered. City Attorney Scott Hall informed the Council that the Development Agreement pertaining to a property would supercede the zoning changes if it specifically addresses the issue, grandfathering the property under current zoning regulations. Councilmember Folsom motioned to approve the Eagle Pointe #6 Final Plat contingent on the Development Agreement being approved with a clause providing that the current existing C-I portion of the plat will only be for a maximum of single family attached homes similar to those in the First Amended Plat of Eagle Pointe Division #2 and #3, Lots 4, 5, and 7. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - No (current ordinance does not clearly specify allowance of residential housing in a C-I zone), Councilmember Bean - Yes. The motion carried. Fazoli's Site Plan: City Administrator Broce Rose presented slides of the proposed Site Plan. Planning and Zoning reviewed the site plan at their-September 2,2003, meeting and voted 6 for and 0 against to recommend ~ -. approval of the site plan. The-proposatrestaurant is to be located on a pad in front of the Hawkins-Smith retail development on South 25th (Hitt Road). Councilmember Bean commented that the Council needs to determine if there is a Development Agreement that governs the property. His concern is that there is a need for 25th Street (Hitt Road) to be improved from the North end of the Hawkins-Smith development to Sunnyside. The Council discussed the need to research the matter to determine how the improvements on Hitt Road will be completed. ~ Broce Schiedly, 9773 South lrongate Road, South Jordan, Utah, the Developer for Fazoli's, addressed the Council, indicating that the improvements to Hitt Road end at the Ground Round. The Council further discussed the issue of the road improvements. Mr. Schiedly was asked if the property closing for Fazoli's has been completed. He informed the Council that there is a contract on the property, which is conditioned on due diligence and corporate approval from Fazoli's. He also explained that due to the minimum amount of property that Hawkins- Smith is willing to sell there will be a separate attached business space at the East side of the Fazoli' s restaurant. Mr. Schiedly was informed that there might be a development agreement that could require the company to participate in the improvements on Hitt Road. Councilmember Anderson motioned to approve the Fazoli's Site Plan. Councilmember Bean seconded. Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Plannin2 and Zonin2 ReDort: City Administrator Broce Rose reported on actions taken at the September 2nd Planning and Zoning meeting: · A Public Hearing for a requested rezone from R-I to R3-A on property located on the West side of Ammon Road between Rawson and Owen. Three individuals testified against the requested rezone. The individuals requesting the application were not present at the meeting until after the City Council Minutes 09/04/2003 - 2 .. hearing was closed. It is uncertain whether the property owner will petition the Council for reconsideration of the requested rezone. The Commission recommends denial of the request by a vote of 6 for and 0 against. · A Public Hearing to be held in consideration of a request for annexation and initial zoning was cancelled by the developer. · Plats for Trailwood #7 and #8 were recommended for approval by Planning and Zoning. The Plats will be presented to the Council at their September 18, 2003, meeting. · The Preliminary Plat for Greenfield #1 (Karford property) was approved by the Commission. The Final Plat and Site Plan for the development will be presented to the Planning and Zoning Commission at their October meeting. · The Site Plan for Fazoli's restaurant was approved. · The Commission held a Public Hearing to consider proposed changes to the zoning ordinance. No one testified for or against the proposed changes. Planning and Zoning Chainnan Tom Hunsaker reported on the discussions the Commission had on each of the agenda items and gave a status report on the proposed changes to the zoning ordinance. · Addition of 10-7 Special Provisions; and 10-29 Subdivision Regulations. · The RE zone has an addition that requires sprinkler systems for buildings that go above 20 feet. · It has been proposed to add that provision to all residential zones, clarifying a minimum of the top floor to have a sprinkler system. The proposal to add the requirement to all residential zones has been tabled to be considered as a future change. · There were recommendations to change lot width requirements in all of the residential zones. · The proposal to change the R-llot width from 80' to 90' was split. Three yes, three no, and one abstention. · Proposals to change lot widths in R2 and R2-A to make them wider was decided to be too restrictive in those zones. It was decided to keep the lot widths as they are. · The proposal to increase the lot widths in R3 and R3-A to 100' minimum. · The proposal to change R-IA area requirement to 8,000 sq. ft for a single dwelling unit, and 10,000 for two dwellings. The proposals to change the area requirement in all of the remaining zones was recommended unanimously. · There was a great deal of discussion regarding landscaping. Deciding that proposed changes make sense. The Co~sion will recommend to increase the requirement to at least 30% greenspace in R2 and RL-A andlRttrthe same requirement in R3 and R3-A zones. · Enforcement of landscaping requirements was discussed at length. The Planning and Zoning Commission will be recommending that a bonding be required at a rate of 125% of the estimated landscaping cost, with at least two bids being obtained to determine the estimate the percentage is to be based on. This requirement will be added to all zones. · There are numerous changes to the R3-A zone. The Commission is proposing striking everything that is business related from the zone. · The C-llimited business and HC-lwill be changed to eliminate all residential. · The proposal for the CC-l zone is to strike everything residential with one exception, to allow apartment units above the ground floor business. This would also be allowed in the GC-l zone. · The final addition is language to enforce maintenance of drainage swales. · It was decided not to include language requiring numerous reviews of landscaping. The possibility of offering to hold a Public Hearing to rezone properties that would be affected to by proposed changes was discussed and several properties that should be offered the process were noted. Jay Johnson addressed the Council, asking their opinion on a request he has received to approach Darwin Judy regarding possibly selling some of his property to Lowe's. Specifically whether they would rezone to allow the business in the location as they have indicated interest in it. Councilmember Bean noted that the Suitter's presented a proposal regarding some of their property to the company during August. The Council discussed the possibility of another large commercial business increasing the cost of police services under the contract with the Sheriff's office. The Council informed Mr. Johnson that they would be willing to work with the developer in the event the property owner is willing to sell to Lowe's. City Council Minutes 09/04/2003 - 3 Councihnember Folsom presented the Council with a revised draft of a letter she has proposed they send to the constituents. The Council will review the draft and discuss it further at the upcoming work session. Councihnember Folsom reported a conversation with a resident on Tiebreaker who commented on the construction vehicles that are using Tiebreaker to travel North. They were requested to travel in and out from the construction site on Curlew to the South rather than through the residential neighborhood. City staff will contact White Pines to ensure the request is being honored. Councihnember Anderson reported that Fire Chief Clarence Nelson has indicated that some of the property that has been annexed is still being farmed, and the farmers who are leasing the property are burning stubble without a burn permit and it has resulted in a number of false fire alarms. The issue was discussed, and it was decided to inform developers at the time of annexation that farmers leasing property before construction need to be informed of the requirement of obtaining burn permits. Councihnember Anderson reported on a letter from the County indicating that they will no longer be issuing burglar alarm permits for the City of Ammon. The City will need to begin issuing alarm permits in January. The Council will need to implement a policy and process to enforce regulations regarding burglar alarms in the near future, if they wish to continue permitting burglar alarms. <'.: c~g ~ --"- "~_......... City Council Minutes 09/04/2003 - 4