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04042012 P&ZMinutes CITY OF AMMON PLANNING AND ZONING COMMISSION April 4, 2012 AGENDA: CITY OF AMMON PLANNING AND ZONING COMMISSION April 4, 2012 2135 South Ammon Road – 7:00 P.M. CALL TO ORDER: Chairman Scott Wessel Pledge of Allegiance: Kurt Roland MINUTES: February 2, 2012 PUBLIC HEARINGS: 2012-004 – De-Annexation Request – Sunnyside Road - (Originally proposed as addition to Quail Ridge) ACTION ITEMS: 1. Recommendation on hearing. DISCUSSION ITEMS: 1. General REPORTS: 1. City Council Actions 2. City of Idaho Falls Planning and Zoning Actions – Cindy Donovan 3. Bonneville County Planning and Zoning Actions – Tom Hunsaker Call for Adjournment: MINUTES Members Present: Scott Wessel, Chairman Cindy Donovan Tom Hunsaker Rick Butler Robert Taylor (arrived at 7:17 p.m.) Quinn Simmons Steve Richards City Officials Present: Ron Folsom, Planning Director Lance Bates, Engineer Gay Leming, Deputy Clerk Absent Members: Greg Maeser Kurt Roland CALL TO ORDER: The meeting was called to order by Chairman Scott Wessel at 7:00 p.m. in the City Building at 2135 South Ammon Road, Ammon Idaho. Tom Hunsaker led the Pledge of Allegiance. MINUTES: February 1, 2012: Commissioner Tom Hunsaker moved to accept the minutes, as presented. Commissioner Cindy Donovan seconded. All in favor – the motion passed. PUBLIC HEARINGS: 2012-004 – De-Annexation Request – Sunnyside Road - (Originally proposed as addition to Quail Ridge): Chairman Scott Wessel opened the public hearing and explained the hearing process to the public. Ron Folsom explained where the property is located, and said the Rice’s are requesting de-annexation. Ron also explained the property is outside of the City’s impact area. Ron said that whether they are in the City or not, the City Council can still have the Rice’s pay for their share of installing the main sewer line from Crowley Road to this area as per the original agreement. Ron said there were three letters received prior to the written testimony deadline, and all were against the petition. Ron said there was an email 13 Planning and Zoning Minutes 4-4-12 Page of received by both him and Councilmember Kirkham from Jeff Hawkes of Hawkes Development and because this hearing is related to land use it is considered quasi-judicial which prohibits information from being provided to Councilmembers prior to the hearing. Ron said as soon as he received this item from Jeff Hawkes, he contacted Councilmember Kirkham and asked her not to open the item for review. Ron said Councilmember Kirkham said she had not opened the information, so there is no quasi-judicial conflict. Ron said there were three emails sent to him today requesting they be submitted as written testimony for tonight. Ron said st there is a written testimony deadline of March 21 so he has denied all three of them. Because of this, Jeanne Thorne was here to read the emails into the record. Brad Pickett, 4980 Chimney Rock, said he is representing the owners, Mr. & Mrs. Rock Rice who have requested 90 acres of their 140 acres to be de- annexed. Brad explained due to the lay of the land, the biggest problem with this property is the sewer which would require at least two lift stations. Brad said there is a ravine on this property and the cost would be enormous. Because of the economy this property could go undeveloped for 20 to 30 years. With de-annexation they could use this piece for dry farming, or under the County Agricultural zone they could put in 10 acre parcels. They are not trying to get away from developing in the city they are just trying to get away from the cost of putting in the sewer on the property. Commissioner Tom Hunsaker stated he can see arguments both ways and there is some good logic behind what has been said. Tom said if the owners decide later that they want to develop, after de-annexation the price for the sewer would go up because they are close enough for the City to supply the sewer and the County would have them hook into the City sewer system. Commissioner Rick Butler wanted to know if there had been an engineering study done on this property. Brad said there has not been an engineering study; the need for the lift stations was his opinion. Tom stated that both in the City and in the County they would be able dry farm. Brad said they would not break this property up to dry farm. They are looking at breaking it up in 10 acre lots to sell it off. Jeanne Thorne 59 West 215 North, Blackfoot, Idaho is representing herself, Kip Whitehead, and Scott Whitehead. She read into the record the letters that were sent in for Kip and Scott Whitehead. She stated de-annexing this property would cause adjacent property owned by Jeanne, Kip, and Scott to no longer be adjacent to the City, which would block their ability to someday become part of the City, and in general did not make much sense. After reading in the letters she said that at this time they have no plans for the properties. Brad Pickett, 4980 Chimney Rock. For the benefit of Commissioner Taylor, Brad repeated what was said at the beginning of the public hearing. Tom Hunsaker asked if the property is de-annexed, are all nine of the original division rights still left in the County. Brad said yes they are. The division rights don’t go away until a plat is completed. Lance Bates City Engineer said that most of the maps show this property outside of the aquifer so it would be harder to drill a well. Commissioner Steve Richards moved for denial of the motion for de-annexation. Commissioner Cindy Donovan seconded the motion for denial. All in favor – the motion passed. Commissioner Rick Butler is swayed by the email and the testimony and by the Sunnyside Foothill agreement. The property owners should have realized what they were buying. Commissioner Robert Taylor it was that way before so it should stand. Commissioner Tom Hunsaker says that we can service this property, while de-annexation would stop the City from being able to expand in that direction. Once we de-annex this property we also lose control of how this property will be developed. Commissioner Scott Wessel stated that this property was annexed in 2008, we intend to service this area, the owners that bought this property should have known this, and should stay. Commissioner Cindy Donovan said they could still divide the land into 10 acre parcels and we can provide service. Commissioner Quinn Simons thinks that in the long term it will be better for the property owner to leave it in the City. Commissioner Steve Richards stated that they knew what they were getting before they bought the property and as long as the property is serviceable we should not carve off a piece of the City. ACTION ITEMS: 1. Recommendation on hearing: Commissioner Quinn Simmons moved to have another Public hearing before the Council. Commissioner Robert Taylor seconded the motion. All in favor – the motioned passed. DISCUSSION ITEMS: 2. General - The council will be working on the approval of the comprehensive plan map on May 5th. As soon after as possible we will need to start working on Title 10. REPORTS: 1. City Council Actions – Ron explained what happened in the Council meeting for the month of March. 23 Planning and Zoning Minutes 4-4-12 Page of 2. City of Idaho Falls Planning and Zoning Actions – Cindy Donovan had nothing to report. 3. Bonneville County Planning and Zoning Actions – Tom Hunsaker reported that the County took the County Planning and Zoning Commissioners to Stockman’s for their annual dinner. Call for Adjournment: Commissioner Rick Butler moved to adjourn the meeting. Commissioner Quinn Simmons seconded the motion. All in favor – The motion passed. The meeting adjourned at 8:35 p.m. ________________________________________________ Scott Wessel, Chairman ___________________________________________ Ron Folsom, City Clerk 33 Planning and Zoning Minutes 4-4-12 Page of