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Council Minutes 10/17/1991 I I I Book 7-383 October 3, 1991 October 17, 1991 Reports: The City has experienced a number of parking problems and animal control problems. The Council instructed Public Works Director David Wadsworth to enforce the parking and animal control ordin8.nces and cite the violators. The City crew has been working on the ball diamonds to try to level them. Attorney Anderson advised that the litigation on the South Bonneville Junior High and Tie Breaker School building permits has not been settled. The City faces more proceedings. The Council was reminded of a meeting at 9:00 A.M. on Friday, October 4, with the manager of the new Kmart store. The purpose of the meeting is to discuss Kmart' s plans and their impact on Ammon. Councilman Maeser talked to Attorney Scott Hall and Attorney Gil Gardner about prosecuting for the coming year. Scott has been very good to help the City in the past and will continue with this legal work, but he isn't particularly interested in a flat fee. Gil Gardner of the Bonneville County Prosecutor's Office agreed to handle Ammon's prosecutions for the budget fee of $2400 per year. Councilman Crandall moved to accept the offer of Gil Gardner from the Prosecutor's Office for $2400 per year. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. Claims were approved. Councilman Crandall moved to adjourn motion. The meeting was adjourned at the meeting, and Councilman Maeser 9:00~ MAY - " seconded the ATTEST tiL~ (! Q~~ CITY CLERK ,;/ CITY OF AMMON October 17, 1991 Minutes of the Public Hearings and Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey L. Crandall Councilman Ira K. Hall Councilman Greg J. Maeser Attorney W. Joe Anderson Public Works Director David Fire Chief Cal Smith City Clerk Aleen C. Jensen Wadsworth Others present were: Larry Hobbs, 611 South Amy Lane, Idaho Falls Lennis and Margene Tirrell, 3195 Molen Street, Ammon Tom Bird, 2200 East Olympic, Idaho Falls Kirk Peterson, 3816 Marlene Street, ~mmon Michael Jones, 1805 Midway Avenue, Ammon Leon and Jeneal Pack, 3545 Samuel, Ammon Brad Hall, 1895 Cabellaro Drive, Ammon Chris Wright, 3565 East Sunnyside Road, Ammon Scott Welch, 1960 Spencer Drive, Ammon Fred Cowart, 2050 Cabellaro Drive, Ammon Absent: Engineer David E. Benton The Pledge of Allegiance to the flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Mayor Ard opened the Public Hearing to consider the request of Peterson Enterprises to rezone Lots 10, 11, and 12 of Block 3, Meadow Lark Estates Division No. 2 from R- 1 to C.-I. The property is located between Heather Lane and Midway Avenue on the south side of East 17th Street. Councilman Maeser declared a conflict of interest. He stated that he does not have an actual financial interest but because of church affiliations it may appear to be a conflict of interest. To avoid the appearance of a conflict of interest, Councilman Haeser did not participate in the Peterson Enterprise hearing. Mayor Ard swore in witnesses who desired to present testimony. Michael Jones, Fred Cowart, Scott Welch, and Brad Hall took the oath. Kirk Peterson, 384 October 17, 1991 Kirk Peterson, representing Peterson Enterprises, explained the reason for requesting the zone change is because their three lots facing East 17th Street (7, 8, and 9) already zoned C-1 do not allow enough depth for a good or nice proj ect. Rezoning Lots 10, 11, and 12 now zoned residential to C-1 would square of the commercial area and attract a nicer development. They propose to build a buffer zone--1andscaping or a wa11--on the Spencer Lane side of the three lots and extend the commercial area straight across east from the southeast corner of Lot 7. Peterson desires to make a good development that would enhance the area. He has two options. One option would be to rezone and try to develop right. Or, Option 2 would be to sell off the three lots as residential to a lower income builder who would not enhance the property value but would build within the protective covenants. The lots on East 17th Street would probably be developed individually by smaller business operations. Possible layouts for commercial, residential, and buffer as they relate to the surrounding area were discussed. Councilman Crandall: You are not anticipating developing these lots yourself? You anticipate selling the lots to someone else to develop? Peterson: Yes and No. At this point, No. We have not made a commitment to develop them ourselves, but we are looking at investors to put in a nice development or a strip mall. The two options are to make it look nice and to enhance or to sell it off by piece and turn it over to whoever purchases the individual parcels. Mayor Ard reported that the Planning and Zoning Commission recommendation was to deny until the developer put together something agreeable with the adjacent property owners. Michael Jones, 1805 Midway Avenue, stated more would be here to voice their oplnlon but they did not get a notice. Several adjacent property owners expressed opposition at the Planning and Zoning Commission Hearing, but they were not in attendance at the City Council Hearing. Jones was sure they did not receive notification, but the City Office has a list of those who were mailed notices. None of the notices were returned undelivered. Legal notice was published in The Post-Register and notices were mailed to radio and television stations. Peterson stated he was not in attendance at the Planning and Zoning Commission Hearing. Mayor Ard asked Michael Jones to retell the informatin brought out at the P & Z Hearing as he remembered it. Jones: The problem I have is No.1, and Kirk has answered it even better than his brother and Dad did when they were here, when they bought this property it was zoned just like it is. So they knew before hand what it was zoned like. They have said that they have no commitment of who is going to be on there and they can't. Once it is zoned C-1 anybody can come in there that is under the C-1 zoning. We have no promises. Yet these people, myself and people that are here, have invested thousands and thousands of dollars in our homes. We don't want these things across the street from us. Everyone that was there, in fact myself, and your brother asked me what he could do to make me go along with this project and I said I'll tell you the only thing you can do is buy my home. My neighbor, Chuck, said the same thing. Mrs. Hendrickson said the same thing. We have no guarantees. You say that if this isn't rezoned like you want it then you will put these undesirable things in there. You'll sell the property to low income housing. There are protective covenants in there and there are already two or three homes in this circular street that are as small as you can get to be in that subdivision. And all of the residents are not very happy with what they've got. So I'm sure that if there was no different homes than is there square-foot-wise now, then there would be no problem. Fred's home is going to be a nice home. Anybody that knows Fred in his other home knows it is going to be a nice home. He doesn't want a C-l lot across from him, and he can speak for himself, but if you read the minutes he doesn't want an auto shop across the street from a $150,000 home. We have no guarantees once this is C-1 that it will be developed as you are telling us right now. No guarantees at all. I'm directly across the street from one of your lots and I have no buffer. Directly across the street at 1805 Midway. (Jones located his place on the plat, Fred Cowart's, Chuck Osterhout's, Mrs. Hendrickson's, Bob Dunkley's who came to P&Z and testified, Scott Welch's, Richardson's.) I'm just opposed to it. I've talked to all these people after the P&Z meeting, and we stayed outside for over an hour to talk. I know that none of them have changed their mind. If they had a chance to be here, they would feel the same way. We have no guarantee. I'm not a developer, but I just don't think that there is going to be any strip mall that is going to come in there and be able to do a nice job on that small of a piece of property even if they have all of it. But still once you zone it C-l, we have no guarantee. Mr. Peterson mentioned one thing that I'm glad he did that it won't make any difference in their financial situation whether you leave it the way it is or whether you change the zoning. And if that is no problem, it will make a difference in our financial position, and I don't want it. I don't want C-l across from my house. I just don't. Fred Cowart, 2050 Cabe1laro Drive: I'm on the corner lot across from the three lots. I I I I I I Book 7-385 October 17, 1991 I'm building a house on Lot 8, Block 2. My biggest concern would be a buffer zone. I can understand why he would like to draw a line and make three of the same size lots. But my point is, if there was a block wall and the rest of the property below that line, 20 or 30 feet, would be turned over to the City and made into a park or something as a buffer zone, that would solve my problem ... Something like that could be worked out, and I'd probably agree to it. But if you turned the whole thing into C-l lots where they could do anything to the edge of Spencer Lane commercial, that would hurt the development quite a bit. That would be my biggest concern. Scott Welch, 1960 Spencer Lane: I don't think we ought to have something where people are pulling in with their junk cars, a body shop thing or a garage. A fast food would be bad enough. I live down at 1960 Spencer Lane. I'm in concurrence with Fred that if there had to be something, some kind of business but not industrial, if there is a wall with a free area or buffer area--grass and trees or such. Councilman Crandall: What is your intent as far as a buffer? Peterson: We would love to side with the homeowners. Our intent here isn't to disrupt what has already been developed out there. I think it is a nice project. We certainly believe in it else we wouldn't have taken the risk and made the investment. So our intent isn't to go out there to degrade or down turn that property at all. And I appreciate the homeo\mers' view point. There is nothing that would make me more upset than to have my castle and across the street to have some dump. So I appreciate that. That's why we are talking about giving some land for a buffer zone or a proposal of giving some to the City to maintain and take care of. I think that is a great idea. I would have no problem at all with giving or donating some land to the City. In fact, the more I think about it the better I like it. Our concern isn't more land. It is just squaring it up so we can do something intelligently there. And, it is true there are no guarantees. If you didn't want to put C-l all the way to the gutter or all the way to the street, that is fine. Our concern and our intent would be to try to square that up. It doesn't help Fred across that street that would be looking directly into a commercial parking lot or Mike into the side of a building. Councilman Hall: Is there anything you could do there? Peterson: We could come in off the street for that portion that is now residential and put some trees, etc. We could widen it all around the corner up to the currently zoned C-l. We could start with what is now residential and put in, not the same width because we wouldn't be able to go as wide as on the length side. We could put in some trees and just bring it around the curb. Councilman Hall: Is that enough? Jones: We want a wall. I have another question. If the City won't take it as a donation, which I don't blame them, that means that is left up to who to take care of. It is going to be a week patch. That area south of the dotted line drawn, if the City won't take it, then who is going to maintain it? Peterson: In addressing that question, it would have to be \<lhoever purchased the property to develop. That would have to be part of their covenants that they would maintain a buffer landscape zone as we have described it. When they purchase the property, they know they own it from East 17th Street all the way back to Spencer Lane. They would have the entire parcel and there would be so many feet of buffer they'd have to maintain as part of their purchase of the property. Councilman Crandall: It would seem like to me before we can even act on this request that we would have to know very specifically what type buffer. It is just like the situation in the City of Idaho Falls with the Walmart Store. They eventually have come to a fairly reasonable compromise, I think. But it was very, very specific what they are going to do even how they are going to route traffic. I think before we could make a decision we would want specifics. Peterson: We have no intention of bringingcraffic in off Spencer Lane. I think that would be a detriment. Councilman Crandall: I was not talking about traffic patterns. I was talking more about what kind of guarantee. Peterson: Have you seen what they have done in front of Kmart? ,The landscaping? They have some nice lawn, shrubbery, and trees. Kmart is going to maintiain that property. All we are suggesting is, if we can get a development company like Western Development to come in, they would also have to maintain the buffer zone. Jones: The difference between the Walmart situation and what we are looking at is those residents knml1 that Walmart is going to leave it a Walmart. We do not know what is going to happen to that property once it is C-l. You look at the landscaping 386 October 17, 1991 that Kmart has done, which I think is fine, but that is no buffer zone. If he put a little mound of dirt that is l~ foot high and put some shrubs and some trees every twenty feet and then he sold the C-l to an auto shop or whatever, we are still looking into an auto shop. If he wants to put in an eight foot wall there and swing it around clear to the existing C-l zoning and then maintain grass or shrubs behind it, then we may go for it. But he has got to swing the wall clear up to where C- 1 is now to protect my home. I don't want a driveway off of Midway on to there in front of my home. Peterson: Nor do we. We would want all of our traffic coming in and out on East 17th Street. Jones: Yes. That is the problem I have. I think the Kmart landscaping is fine I for the front of their building, but to me that is no buffer. Whatever goes in there, you are going to have dumpsters, you are going to have whatever goes in there, and we are going to be looking at it. Brad Hall, 1895 Cabellaro Drive: I think the bottom line Mike is saying--that would be a nice buffer if there was a wall with it. Jones: That's right. If there was a nice cinder block wall with it so we don't have to look into the back of those buildings and everything else, then I'm sure that we can work something out. I'm still concerned about what's going in there. I really am. Just like I told you before. I agreed and came and I was one of the only supporters for LaRell's Natural Energy Systems. He put that nice little office building there and I never heard more. about it. Nobody ever asked me if I was agreeable to him tripling the size of his business and trading it from an office to a manufacturing warehouse. Now at 5 o'clock in the morning every single morning I hear them bending sheet metal and whatever else. I wasn't questioned on that. I went along to say, LaRell, fine you can put your office there because that's what he told me . The next thing you know I see a building going up there that is three sizes and we've got a manufacturing plant there now. That is what bothers me because once they get their foot in the door, no matter what their good intentions are, a month down the road or two months down the road, if somebody comes in and gives the right amount of money, we may have an auto salvage yard there. Councilman Crandall: Not quite that bad. Jones: Just go down on Rawson and see what Adamson did. I Councilman Crandall: I appreciate what you are saying. Peterson: If we were to go with a cinder block wall, if that's what the homeowners want, but I don't see much attraction to it. If that were the case, if the wall was requested and required, we want to at that point follow the boundary line just because of maintenance situations. Mayor Ard: You're saying move it clear to the edge of Spencer Street? Peterson: In other words, if you want us to wall from one street 660 feet over to the other street, we would pretty much have to follow the boundary line instead of making the little landscaped buffer zone. Councilman Crandall: I don't believe you can put a wall right up against the road. Peterson: It wouldn't be against the road. You'd have to come back. Isn't there an easement there? Brad Hall: Kirk, it would be a lot cheaper for you to build a straight wall than to build a curved wall an follow around. Realistically it would be a lot cheaper to build a straight wall and build a buffer. Cowart: We are talking principle here. You could come back with a very specific I plan that might be approved, but you've got to look at the whole detail. We would not like to have to agree here and then have a dumpster, a back door, and stuff like that. We'd want some kind of a buffer. You might come back with a great detailed plan, and you might get it approved. Peterson: We come in the spirit of working with the owners. I'm not going to rub heads with anybody. If it doesn't get approved, that's fine. We'll just go ahead and sell it off as we can. The people who have already contacted us we will follow through with. If something can be worked out and it can enhance the development, that's our objective. Mayor Ard: I would suggest the Council take this under advisement and not vote on it tonight. You work up a couple of ideas that you can live with and then you can bring them back. We would vote on the rezone request at that time. I I I Book 7-387 October 17, 1991 Peterson: Is it something I propose or something the homeowners propose to see if we can live with? Mayor Ard: Maybe both. You should work out a plan, and they should work out a plan. Then maybe something can be put together. If we vote on it right now, I have a feeling that the Council is going to turn it down. There are advantages both ways. I can Gee an advantage to both the horeeowners and to you if you can work this out. Peterson: I do too. Mayor Ard: I can see your point abo t selling it. If I was a homeowner and my home was setting there, I'm not sure I'd really like the idea. of you just going ahead to sell it off. But I can point, if you absolutely don't get anything worked out,then you can still It's up to you. Peterson: The front half is still zoned C-l. The homeowners are going to have to address that which is "biting the u11et." There is nothing they can do about it. As I understand it, their obj ection is they don't want to "bite the bullet" any farther b~ck into the development. Cowart: What is if tha existing something. the current agree ent on the existing lots zoned C-l? I thought, owners requested it, they had to put a buffer or a wall or Jones: When homeowners buy lots 10', 11, and 12, if you tur~J. it down and it stays zoned like it is, those homeowners will know that they have a C-l development behind them. Once those homes are built and renr.es are up, and I'm sure there will be fencl~s, the people that are here and ha.ve already bought their homes they've got a buffer. So that is the difference, I think. It's these people, Lots 10, 11, and 12, who the Petersons sell to, if they sell as residential lots, will know at the time of purchase. So it is fair. For us that have been here for 12 years--my home, Fred that is just building his, and Scott--it is not. Peterson: So what is the difference between a home and a nicely developed project? Brad Hall: Kirk, you are missing the whole point. I think the responsibility falls on you to go to the homeowners who want to work with you to develop a nice project. But you've got to come to them and say here's how we can develop a nice proj ect. Here' 3 a buffer we can put up and so forth. Otherwise you are just barking up the wall. You are not going to get anywhere. I think you could sit down with the homeowners and say what can we work out together. I think they'd work with you. They want a nice project. They don't want a piece of junk up there. They want it as nice as you want. Everybody does. Everybody knows the Petersons do a nice project when they do a project. Everybody would be in favor of that. I think all you need to do is sit down with the homeowners and do it. Mayor Ard: I think the only thing you need to do is to put together some specifics as to wha.t you will do. If we can get some specifics put together, then we can vote on it. Jones: All we want is a buffer zone that we can live with. Councilman Hall: To be honest with you, I like the idea of squaring the C-l off, but we need some specifics. Peterson: Why don't we take the lead? Councilman Hall: Tha t is what we would like you to do. Don't take any action tonight. I don't think it is appropriate. I think it is preI:lature. You work out an idea, talk to these folks, maybe mature it a little, bring it back as a specific, and then we can vote on it. Councilman Crandall: If a strip mall is a reality and you have tenants to go in there, that could be part of the plan you present. If you show something nice is coming in and the property is protected, it will probably go. If you can't do that, then it probably will not go. Councilman Hall: If you can work something out with the neighbors that would be acceptable for a buffer zone, entertaining that whatever is allowed in C-l would go in there. I think that is the only way we could accept it. I don't think there are any guarantees. Mayor A:cd~ will go en property. As far as this body is concerned, whatever is put together and approved record. So even if you sell the property, the decision goes with the 388 October 17, 1991 Jones: So if we come to an agreement on a buffer and it is approved, then no matter who Peterson sells to it has to be done like approved? I don't want it to be sold three or four times and have to do this every time. Peterson: We will get together with the homeowners. Councilman Crandall moved to table the Public Hearing on the request of Peterson Enterprises for a rezone from R-l to C-l of Lots 10, 11, and 12 Block 3 Meadow Lark Estates Division No.2. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - yes; Anderson - Yes. Councilman Maeser did not participate. The motion carried. Mayor Ard opened the Public Hearing to consider the request of Lennis Tirrell to I rezone his property on the northeast corner of the intersection of Ammon Road and East Sunnyside Road from R-3A to C-l. Witnesses sworn in were Lennis Tirrell, Brad Hall, and Chris Wright. The Planning and Zoning Commission conducted a Public Hearing on this request on September 10, 1991, and they recommended approval. Lennis Tirrell, property owner, oriented the Council to the layout and location of his property. He owns the property on three corners of the intersection, and he is concerned with the affect the Ammon Road project will have on his existing business, Ammon Speedi Mart. He has requested the rezone so he can relocate in the event the project creates problems with his business building because of right- of-way acquisition. Tirrell: All this has brought us to the point of trying to find as many options as we might have and rezoning that property across the street, we feel, is the first step. It isn't our first option. Our first option is to try to make this thing work because of the cost. And we don't know what will happen with the State Transportation Department. We haven't had an appraiser or anybody to make contact with us yet. It seemed appropriate toask the Planning and Zoning Commission and the Council to rezone that property across the street because, as the property continues down Ammon Road, the Mansion House there has been operating as a commercial business for as many years as we've had Ammon Speedi Mart with a variance or whatever the Council gives them. So a rezone would fall in line with the criteria you have for planning and zoning. Councilman Crandall: Do you have any plans? Tirrell: I am trying to hold as many options open as I can. And, it appears to me, and I'm honest with you, it isn't my choice to go across the street and build a store. The reason that I'm scared where I'm at is because that location has been a gas station for 80 or 90 years. The E.P.A. is death on us guys. In fact, we've done everything. We've tested our tanks and done everything we can possibly do. And the last communication we had with them they wanted to bore holes underneath our tanks and underneath our island before the State would accept us under the State Insurance program. The l~ years this program has been in effect the State has written 13 policies, and the only policies they have written is virgin corners that have never had gasoline and new installations on virgin corners. I may be a little nervous because I don't know what Dick Kelly, John Judy, Criddles, Furnesses, Hoffmans--I don't know what they did. I don't know what is underneath the ground so I'm a little nervous. Councilman Maeser: Do you have a time frame on this? Tirrell: Maybe I could reverse that. Do you have a time frame on Ammon Road? Councilman Maeser: Well that is what our concern is about acting on this tonight. Tirrell: I have no time frame in mind. In fact, I haven't talked to an appraiser. I don't know how they will address the situation. If they will address it in a manner that says the corner lot is worth this much money and we are taking so many feet then we are going to come to a big disagreement because it isn't the cost of that land it's the cost to my business that it creates by moving part of the parking. We started on this about eight months ago when this plan was originally presented. Then we started to exercise the options that we might have. Councilman Anderson discussed steps the City has gone through to get the project underway. Tirrell: I don't have a deadline. the enterprise that we are engaged to feel more comfortable if that first option. I want you to know someway to use the facility that says when we come together. All I'm doing is trying to protect myself and in. Time doesn't mean much to me, but I'm going property is zoned commercial. That is not my that. My first option is still trying to find I have, and that will depend on what the State I I I I I Book 7-389 October 17, 1991 Councilman Maeser: Was there any discussion from Planning and Zoning? Mayor Ard: there now, There was some from a lady. Her concern was that the kids walk through but once there is a store there the kids will still walk through there. Tirrell: I did have two phone calls. I turned in a list of everybody within 400' and I had 2 phone calls this week. No, I had one phone call from Stephanie Wright who is direetly behind to the east. They have the little home there. I explained to her what was happening. I expected she would be here tonight. (Chris Wright is present.) Frank Butler's wife talked to me in the store. She was affirmative in her conversation with me, but I wouldn't like that to be part of the records. It should be from her. Brad Hall: I would just like to state in support of Lennis. If the State takes as much ground away from him as they might do and perhaps the State will end up buying that facility which I think T.Jould be the right thing to do if they condemn it. Of course you know more about that than I do, but I think that may end up happening to that corner. The only real use for that ground across the street would be for a corwenience store. The City of Ammon needs something in that area. There is no doubt about it. We've had one there for a long time, and there is nothing out here if we don't have it. There is no question we need that, and so the best use of that property is to be zoned commercial. It is only logical sense that it be zone cmmnercial. Chris Wright, 3565 East Sunnyside Road: I would like some guarantees as far as a buffer zone goes with a business right next to my property. I'd like to see something on what's going to go in there if it is zoned commercial. Even if Lennis decides not to put the store in there and another business goes in, I'd like to see my property and my investment protected. It is pretty well surrounded. Mayor Ard: He is actually on two sides--the back and the one side. Council-nan Crandall: Did you go to the Planning and Zoning }leeting? Wright: No, this is the first meeting I've attended. Councilman Crandall: You have a legitimate request. Councilman Haeser: I don't know if we can do anything tonight because of the Ammon Road. Mayo~ Ard: Lennis, have you looked at any designs or plans if you went to that corner? Have you done any of that yet? Tirrell: Only in my mind. I probably have a design kinda in mind. Like I say. These things take so many months and so much time. Councilman Hall: How large is this parcel com?ared to your present location? Tirrell: Probably two and one-half times, but with the amount of space that we have there I wouldn't think that we would have any problem with a kind of a buffer zone because you're not trying to crowd a large business in a small area. Councilman Hall: Do you own any other property in the area? Tirrell: I own property across the street. (The three corners.) Brad Hall: That is the best way to limit the competition. Tirrell: The best way is to be a good operator. Mayor Ard: Regarding Ammon Road, you asked about the time. We are waiting to hear. We have met twice this week. I have to call Boise tomorrow. They are supposed to have some answers for me, and maybe we can get a time schedule. The concern we've had is there are times in the process when~ we feel that changing things doesn't affect the proj ect and there are times they do. Until we get the answer, we are not sure. Councilman Crandall: You are saying that any type of change on Ammon Road could foul up the paper work? Mayor Ard: There are times when we can do that. Right now we are right in the middle of a step. Councilman Crandall: What we probably ought to do if it doesn't impact you too badly would be to, in fact if it does impact you, we ought to put the rezone on hold. The recommendation of Planning and Zoning was to approve. We need to protect 390 October 17, 1991 Chris Wright. When we come back, Mr. Wright should be notified. Tirrell: Did you send letters to everybody that was the on the list I submitted? City Clerk Aleen Jensen: Yes. We sent a Notice of Hearing and a map. Brad Hall: Is it fair to ask the Council, so that Lennis can continue to know with what you are going, should he sit down with Mr. Wright and come up with ideas on a buffer so he doesn't get delayed again and again? If that is a requirement, I think he should know. I think he needs to know what you are thinking he needs to do so he can get his work done in order to get a yes or no answer. Is that fair to ask? Councilman Crandall: It seems like we have two problems. on Ammon Road. The other one is with Mr. Wright. The recommended for approval by Planning and Zoning. The one is the timing rest of it has been I Brad Hall: Basically, the City will take care of the timing with the State, and all Tirrell needs to do is to work out some kind of a buffer that would be agreeable with Mr. Wright and bring back the specifics for City Action. Councilman Crandall moved to table the Public Hearing on the request of Lennis Tirrell for rezone from R-3A to C-l of his property on the northeast corner of the intersection of Ammon Road and Sunnyside Road until we get the Ammon Road project scheduled and we have a recommendation for a buffer for Mr. Wright. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Mayor Ard opened the Public Hearing to consider the request of Larry Hobbs to rezone from RPA to R-2 the property between Horace Smith, 2150 Ammon Road, and Brett Judy, 2310 Ammon Road. Larry Hobbs was sworn in as a witness. Mr. Hobbs explained there was approximately one acre of land. Basically what I looked at on that piece of property was single family homes on a busy street like that seem to have a less marketable appearance to those on a quieter street off the main thoroughfare. So I looked at that piece of property with the idea of possibly a couple of four-p1exes for rental use. The reason I looked at it in that respect was the corner of East 17th Street and Ammon Road is zoned commercial and I from there south to San Carlos is zoned R-2 with one four-plex just north of San Carlos. Also, on toward Sunnyside Road there are rental units. I'm like everyone else associated with the Ammon Road. It is a waiting game. My waiting game to that effect is, if they are going to develop and do the Ammon Road as they have done north of East 17th Street, my concern, first of all, is finding out exactly what I can do with that property. My first option is, of course, to build four- plexes on the premise that busy streets are less conducive to single family residences. The other thing to be gained, where there is water, sewer and gas already available in the road, my concern is to have all that stubbed in before the road is put in rather than after. Everybody looks bad when it's a brand new street and you start digging it up. That is one of my pet peeves too because once they dig it up it is never the same. Councilman Maeser: Are you talking about two four-plexes? Hobbs: I think so from what I've looked at in regulations and requirements at this point in time. Originally in January or February, I came in and presented my ideas to the Planning and Zoning Commission. Everyone seemed favorable. I coudn't make it to the Planning and Zoning Public Hearing to express my views. I think something went astray. Mayor Ard reported the majority of Planning and Zoning was in favor. they had was it constituted a spot zone. That was the snag. The problem Councilman Maeser: It is still a residential use. Is that a spot zone? I Mayor Ard: I don't know. They had quite a difference of opinion. Councilman Crandall: How deep is the property? Hobbs: The south side is 180' deep and the north side is 160' deep. Mayor Ard: To give you an idea, this piece is more than twice as big as the one where Ken Nieder built his four-plex. Hobbs: The size is large enough for two four-plexes, parking space, and recreational area. Councilman Crandall: One concern is access into Ammon Road. I I I Book 7-391 October 17, 1991 Councilman Maeser: Do you plan to develop Southwick on the north line? Hobbs: I hadn't planned on it. It depends how I can lay this property out and arrange the structures on there. At the original Planning and Zoning Meeting, if I developed the property, their concern was access on to Ammon Road. If I can develop with two four-plexes, I would have one joint access. The way it stands with 243 feet of frontage and still comply with the RPA zoning, I could divide the property up into three lots across there and have three single family dwellings with three accesses. Councilman Crandall: limit accesses? I don't think we'll do that. Wasn I t the recommendation to Mayor Ard: What he is saying is he has enough property there that if he chopped it up small enough he could do it and still meet the RPA requirements. Hobbs: All I need is an 80' frontage. (Read from Title XI.) If I can't get it rezoned to R-2 for multi-family, 1 have no option but to go with RPA, the present zoning. If I do that, I'm totally within legal requirements of having three divided lots across the front. The acre is already platted. All I have to do is sell lineal front footage. Councilman Hall: You'd have to come back for plat approval. The Council questioned whether Hobbs could divide up without additional platting, but he stated his main objective is to have it rezoned and put one access on Ammon Road and save everyone involved time and trouble. Also, he plans to take a lot that is full of weeds and to develop it to make it an attribute to the community and the residents living near there. Mayor Ard: I think it is an is the Planning and Zoning zoning. appropriate use for the property. recommended denial because they The ~nly question considered it spot The Council discussed whether or not it is spot zoning since there are other multi- family dwellings along Ammon Road. Attorney Anderson was asked for an interpretation of spot zoning. Councilman Maeser asked if there was any indication of the feelings of the adjacent property owners. Property owners within 300 feet were mailed Notices of Hearing, but no opposition has been received. Councilman Maeser asked if Hobbs had any time constraints. Hobbs: The only one I've got is the same as everybody else. As soon as I know what I can do, I'll plot the property and submit the drawings with the access so the street people can incorporate the access into their street when they start working on it. At that time, I'll do whatever I have to do to stub in the water, sewer, and gas so that it doesn't have to be done after. That is my criteria right now. Also discussed was what is proposed for Southwick Lane. Should it access on to Ammon Road or should there just be a cuI de sac or turn around between Hobb's and Smith's property. Mr. Hobbs asked about the status of Ammon Road. Mayor Ard explained about the meetings with the State Transportation Department. The costs as per the design are about a million dollars more than originally anticipated. Some options have been considered, and the City is waiting for approval of how to proceed. It is hoped that the ditch/canal can be covered before spring. Councilman Maeser moved to table the Public Hearing on the request of Larry Hobbs for rezone from RPA to R-2 of the property on Ammon Road between Horace Smith and Brett Judy until the Ammon Road is scheduled and there is a determination on whether or not the request involves spot zoning. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. Attorney Anderson was of the opinion that spot zoning was not a problem because of the proximity of other property utilized for multi-family dwellings. Tom Bird and the Clifford Judy family have agreed to let the City dump fill dirt from the Ammon Road on their properties. Regarding the park in Tie Breaker, the School Board has given Dr. Goodworth approval to work out plans with the City. The School Board posed one legal question. They want to know if the School and the City work together on a park where does the liability rest. Attorney Anderson advised that some document would have to be pre- pared to establish one entity to be responsible and liable. A maintenance agreement would have to be worked out, but maintenance shoud be minimal. 392 October 17, 1991 Councilman Maeser moved to approve the format of the latest draft for the reV1S1ons to the ordinance on home occupation permits and authorized the Planning and Zoning Commission to advertise for a Public Hearing to begin action. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser discussed the flood plain. Some material has been circulated which indicates that Ammon is no longer in a high risk flood prone area. In view of this, an appraiser and a contractor confronted Councilman Maeser about the need for Ammon to require building to flood plain regulations. Councilman Maeser called Fred Eisenbarth, State Flood Insurance Coordinator, with the Department of Water Resources. He was advised that the information was in error and Ammon is still in the flood plain. He also learned that Ammon can resubmit material to F.E.M.A. and request they do a restudy of this area and request they take us out of the flood I plain. The Council discussed flooding in the Ammon area and the advisability of requesting a restudy. It was suggested that Engineer David Benton collect some information before any action is taken. It was agreed to canvass the 1991 General Municipal Election results at City Council Meeting on Thursday, November 7. The canvass declares the results final and must be completed within five days of the election. Reports: Councilman Hall received a call from a concerned citizen regarding the volunteer firemen when they go on call to the fire station because they travel with fairly wreck1ess abandon through four way stops. The problem was discussed and Fire Chief Smith agreed to bring it to the attention of the volunteers. Fire Chief Smith advised that citizens also need to be educated about giving an emergency vehicle the right-of-way. Councilman Anderson received a request for a family reunion to camp overnight in the McCowin Park. The City of Idaho Falls has established a policy to not allow any overnight camping whatsoever because it creates problems. The Council discussed Ammon's policy and determined that overnight camping in the park could create real problems. Present regulations show the parks close at 11: 00 P.M. Councilman Crandall moved to abide by the ordinance without exception. The motion was seconded by Councilman Maeser. Voting was unanimous in favor. Some kind of a plaque will be added to the small shelter across from the swimming pool to indicate it was built with funds donated by the McCowin family. Mayor Ard requested a street sign be placed on the cu1 de sac on Heather Lane. It was decided to designate the cu1 de sac as Heather Circle. I City Clerk Jensen advised that Delta Dental has assigned the City of Ammon to a new insurance group. This should reduce our premiums. A ribbon cutting ceremony has been scheduled for Keith Jorgensen's Music on October 25 at 10:30 A.M. The Mayor and the City Council are especially invited. Claims were approved. Councilman Maeser moved to adj ourn Councilman Crandall. The meeting was the meeting, and the motion was adjourned ':9:~~"(_. I ' ~~. seconded by ATTEST '/) /1 / a~C_: "I.J~~ CITY COUNCIL V - I