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Planning Minutes 02/01/2006 . CITY OF AMMON PLANNING AND ZONING COMMISSION February 1,2006 MINUTES The meeting was called to order by Chairman Cindy Donovan at 7:00 p.m. in the City Building at 2135 South Ammon Road, Ammon, Idaho Members Present: Cindy Donovan, Chairman Tom Hunsaker Robert Gustafson Rodney Allen Jarin Hammer, Vice Chair Steve Crandall (until 9:00 p.m.) Richard Jaussi Leslie Folsom Tristan John Members Absent: Doug Willden Greg Maeser Steve Crandall (after 9:00 p.m.) Citv Officials Present: Ron Folsom, Planning Director Bill Manwill, City Engineer Gay Leming, Deputy Clerk . Rodney Allen led the Pledge of Allegiance to the Flag. Minntes Januarv 4, 2006: Jarin Hammer motioned to approve the January 4, 2006, minutes with corrections noted. Tom Hunsaker seconded. All in favor, the motion carried. (Leslie Folsom abstained) PUBLIC HEARINGS: Kartchner Annexation reauest 12 additions to Juniner Mountains): Notice of the lIearing was published in the Post Register on January 18 and January 25, 2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of in teres!. The legal descriptions of the properties are: . Beginning at the Southeast Comer of Section 25, Township 2 North, Range 38 East of the Boise Meridian; running thence S.88041'58"W. along the Section line 700.00 feet; thence N.00012'47"E. 1313.42 feet to the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 25; thence S.880I8'06"W. along said North line 10.00 feet to the TRUE POINT OF BEGINNING, said point being the South bank of the Side hill Canal; thence Southerly along said South bank the following six (6) courses: S.00058'55"E. 70.78 feet; thence S.53058'48"W. \94.33 feet; thence S.7I008'39"W. 196.22 feet; thence S.67040'55"W. 64.55 feet; thence S.57024'08"W. \63.00 feet; thence N.85020'40"W. 29.86 feet; thence N.OooI2'47"E. 19.60 feet to the centerline of said Side hill Canal; thence along said centerline the following six (6) courses: S.890II'30"E. 26.44 feet; thence N.57044'15"E. 184.43 feet; thence N.740I5'31 "E. 188.9\ feet; thence N.530I3 '46"E. 212.13 feet; thence N.15028'38"E. 44.85 feet; thence N.O I 058'55"W. 18.56 feet to said North line of the Southeast 1/4 of the Southeast 1/4 of Section 25; thence N.880I8'06"E. along said North line 22.91 feet to the TRUE POINT OF BEGINNING. SUBJECT TO: existing canal Right-of-Ways and easements of record. Containing 0.34 acres AND Beginning at a point that is S.89047'12"E. along the Section line 1161.22 feet and N.00010'08"E. 372.81 feet from the Southwest Comer of Section 30, Township 2 North, Range 39 East of the Boise Meridian; running thence N.00010'08"E. 586.80 feet; thence S.89049'52"E. 29.75 feet to the West top of bank of the Gardner Canal; thence along said West top of bank the following fifteen (15) courses: S.54022' \8"E. 35.00 feet; thence Planning & Zoning 02/0112006 - 1 . S.54022' \8"E. 35.00 feet; thence S.49005'27"E. 67.70 feet; thence S.62034 '42"E. 81.09 feet; thence S.69034'23"E. 112.40 feet; thence S.680IS'35"E. 21.98 feet; thence S.36006'06"E. 23.7\ feet; thence S.0202S'19"W. 121.27 feet; thence S.24039'44"E. 178.52 feet; thence S.22041'30"W. 8S.27 feet; thence S.470I8'56"W. 68.12 feet; thence S.8I049'12"W. 73.18 feet; thence N.86021'29"W. 110.42 feet; thence S.860IS'37"W. 74.49 feet; thence S.880S8'09"W. 32.48 feet; thence S.87003'02"W. 19.77 feet to the POINT OF BEGINNING. SUBJECT TO: existing Canal Right-of-Ways and easements of record. Containing 3.92 acres The general location of the property is along the southeast edge of the canal running between The Cottages and Juniper Mountain additions to the City of Ammon. And, southeast of the Juniper Mountain addition, bordered by the side hill canal on the south and east borders. Chairman Donovan explained the hearing process and swore in those individuals who desired to testify. City Planning Director Ron Folsom presented slides of the location and vicinity. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. The developer is requesting annexation of the two parcels with initial RP-A zoning. Annexation of the first parcel will allow construction of a bridge to extend Tildy Lane into the Juniper Mountain Addition from the Cottages. Annexation of the second parcel will allow development of the property to occur in conjunction with the Juniper Mountain development. Ray Suitter, 54 SO East Sunnyside, testified that by annexing the 3.92 acres as requested possible issues due to irrigation water runoff can be addressed in the total development. There was not any testimony against the requested annexations. Chairman Donovan closed the public hearing. The Commission discussed the request. Leslie Folsom motioned to recommend approval of the Kartchner annexation (request # I canal strip) with initial RP-A zoning. Richard Jaussi seconded. All in favor, the motion carried. Steve Crandall motioned to recommend the City Council approve the Kartchner/Juniper Mountain annexation with initial RP-A zoning. Leslie Folsom seconded. All in favor, the motion carried. . Rockwell Request for Rezone RI-A to R-2: Notice of the Hearing was published in the Post Register on January 18 and January 2S, 2006. Notice of the hearing was also mailed to property owners within five hundred (SOO) feet of the subject property and, to other parties of interest. The legal description of the property is: Lots 37 & 46, Block I, Centennial Ranch Division # IS The General Location of the property is south of First Street and east of Robison Drive in the Centennial Ranch Addition to the City of Ammon. Chairman Donovan explained the hearing process and swore in those individuals who desired to testify. City Planning Director Ron Folsom presented slides of the location and vicinity. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. The developer is requesting the rezone to ensure that there will not be a split zone if the proposed amended plat is approved. Paul Johnson, 3727 Ellendale Circle, a member of Rockwell Development testified that the concept for the property is four-unit townhouse condominiums. There was not any testimony against the requested right-of-way vacation. Chairman Donovan closed the public hearing. The Commission discussed the request. Rodney Allen motioned to recommend the Council approve rezoning of Lots 37 and 46, Block I, Centennial Ranch Division #IS from RI-A to R2. Leslie Folsom seconded. All in favor, the motion carried. ACTION ITEMS: . 1ST Amended PIal Centennial Ranch Division #15: City Planning Director Ron Folsom presented slides of the proposed amended plat and vicinity. The Commission discussed the proposed amended plat. It was noted that if approved the grandfathering of area requirements in the R-2 zone would no longer apply. Tom Hunsaker motioned to recommend approval of the Centennial Ranch Division #15 I" Amended Plat. Bob Gustafson seconded. All in favor, the motion carried. Planning & Zoning 02/01/2006 - 2 . PreIiminarv Sile Plan Cherrv Creek: City Planning Director Ron Folsom presented slides of the preliminary site plan for the condominium plat. The development will consist ofnine four-unit town homes. The Commission reviewed and discussed the proposed site plan. Leslie Folsom motioned to recommend the City Council approve the Cherty Creek preliminary site plan, addressing the clearance/visibility issue at the south east comer of the driveway. Jarin Hammer seconded. All in favor, the motion carried. PUBLIC HEARINGS: . Hawkins Smith Vacalion of Ann Avenue and Parkin2 Variance reauests: Notice of the Hearings was published in the Post Register on January 18 and January 25, 2006. Notice of the hearings was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of interest. City Planning Director Ron Folsom presented slides of the location and vicinity. Kenny Christensen, 1951 South Saturn Way, Boise, addressed the Commission. The vacation request is for that portion of Ann Avenue between Eagle Drive and the private drive on the east edge of the Sunnyside Chevron property. The parking variance request is to allow nine foot width of parking spaces, consistent with the completed portions of the Hawkins-Smith development. The requests have been made to facilitate the development of Kohl's department store. Easements for utilities and access will be provided in the amended plat. Tom Arave, 1395 N.W. Main, Blackfoot, owner of the Sunnyside Chevron, testified that he is not opposed to the vacation of Ann A venue as long as access to his property from Eagle Drive is maintained. Joseph Janusz, North 56 West, 17000 Ridgewood Drive, Menomonee Falls, Wisconsin, Kohl's Representative, testified that the company is concerned for the safety of pedestrians in their parking areas. Stop signs will be installed in front of the store. Chairman Donovan closed the public hearings. The Commission discussed the requests. Leslie Folsom motioned to recommend denial of the request to vacate Ann Avenue. Tom Hunsaker seconded. Five for: Leslie Folsom, Cindy Donovan, Jarin Hammer, Bob Gustafson, and Tom Hunsaker; Four against: Rodney Allen, Richard Jaussi, Steve Crandall and Tristan John. Leslie Folsom motioned to recommend approval of the requested parking stall width variance to 9 feet. Richard Jaussi seconded. All in favor, the motion carried. Leslie Folsom motioned to recommend denial of the request to vacate the utility easements in Ann Avenue. Tom Hunsaker seconded. Five for: Leslie Folsom, Cindy Donovan, Jarin Hammer, Bob Gustafson, and Tom Hunsaker; Four against: Rodney Allen, Richard Jaussi, Steve Crandall and Tristan John. ACTION ITEMS: Ricks Farm 10" Amended Plat: (Review and recommendation pending final decision on Ann Avenue Vacation by City Council.) City Planning Director Ron Folsom presented slides of the proposed amended plat. Jarin Hammer motioned to recommend approval of the Ricks Farm 10" Amended Plat if recommendation on Ann Avenue Vacation is reversed. Richard Jaussi seconded. All in favor, the motion carried. Kohl's PreIiminarv Site Plan: (Review and recommendation pending final decision on Ann Avenue Vacation by City Council.) City Planning Director Ron Folsom presented slides of the proposed site plan. The Commission reviewed and discussed the proposed site plan. There were concerns regarding safety with people cuning through the parking area to other businesses. In addition, Sunnyside is becoming a major entrance into Ammon, the back of a building is not what the people of Ammon want visitors to see first. Jarin Hammer motioned to approve with landscaping and berms along Sunnyside and Eagle Drive; the back of building to look the same as the front; traffic control devices to be installed; and participation in the cost of the traffic signal at Eagle Drive and Sunnyside. Leslie Folsom seconded. Eight for and one opposed, Cindy Donovan. The motion carried. PUBLIC HEARING: . Planning & Zoning 02/01/2006 - 3 . . . Ratliff Reauest for Rezone, RI-A and PB 10 CC-I: Notice of the Hearing was published in the Post Register on January 18 and January 25, 2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of interest. The legal description of the property is: Beginning at a point that is No028'59"W 2141.58 feet along the Section line from the Southeast comer of Section 22 Township 2 North, Range 38 East of the Boise Meridian, and running thence N89058'22"W 195.21 feet; thence S0023'19"E 532.67 feet; thence S89036'41"W 125.00 feet; thence So023'19"E 510.08 feet; thence N89022'56"W 339.05 feet; thence No023'19"E 1434.83 feet to the South line of Mountain View Addition Division No.2, Bonneville County, Idaho as shown on the recorded plat thereof; thence S89020'51 "E 324.37 feet along said South line; thence N5305I'OO"E 411.40 feet along said Mountain View Addition Division No. I to the East line of said Section 22; thence SOo029'12"E 246.50 feet to the East 1/4 comer of said Section 22; thence S00028'59"E 387.48 feet along the East line of said Section 22 to the Point of Beginning, containing 16.50 acres City Planning Director Ron Folsom presented slides of the location, current zoning and vicinity. Dave Benton, of Benton Engineering, represented the developer. They feel that it will be better developed and designed if all of the property is CC-I. Scott Wolfley, 3444 Leroy, testified he is opposed to the rezone. Mr. Wolfley stated that the requested rezone is just for profit, not to better the City. The property was recently annexed and zoned. He does not feel rezone is needed. Scott Butikofer, 2904 Brettonwood, testified he opposed to increased commercial in the area. He prefers residential. If the developer feels the commercial is too narrow to be usable why not rezone the commercial strip to residential? Gail Kisling, 3378 Leroy, testified she is opposed. She feels there should be more parks and green space. Ken Tuck, 3472 Leroy, testified they are opposed to commercial zoning next to their property. Mr. Tuck wants residential against his property Alan Cazeau, 2395 Cabellaro, testified he is in favor of the rezone. He Slated that if they don't make it commercial it will totally mess up plans for the property. Donna Kelly 3398 Leroy, testified in opposition to the rezone. Ms. Kelly feels there is too much commercial and the City will end up with empty buildings. Kathy Plock, 3334 Leroy, testified she is opposed to the rezone. She feels that fencing will not block out commercial eye sore. Ms. Plock stated there is no need for commercial that close. She is concerned about lights, noise and the safety of children in the neighborhood. Annette Butikofer, 2904 Brettonwood, testified she is opposed to more commercial. She feels it should all be residential. Chairman Donovan closed the public hearing. The Commission discussed the request Leslie Folsom motioned to recommend approval of partial rezone to CC-I on south side of John Adams, the north side of John Adams R I-A and PB to be squared off with portion south of John Adams, leaving the rest as is. Bob Gustafson seconded. Seven for, one against (Jarin Hammer), the motion carried. DISCUSSION ITEMS: Greg Hansen, of Rockwell Homes, addressed the Commission requesting that they lower the 100foot lot width at setback in cul-de-sacs in the RI-A zone. He feels the current requirement creates odd looking neighborhoods because they have to set homes at weird angles to get them to fit on the property. The meeting was adjourned at 10:50 p.m. c - ~QJN Cind~an, Chairman ~w~~~Lr::/ Diane B. Gempler, City ClerklTreasu r Planning & Zoning 02/01/2006 - 4