Planning Minutes 03/05/2002
CITY OF AMMON
PLANNING AND ZONING COMMISSION
March 5, 2002
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Minutes of the Public Hearing and Regular Meeting of the Planning and Zoning Commission:
The meeting was called to order by Chairman Tom Hunsaker at 6:30 p.m. in the City Building at
2135 South Ammon Road, Ammon, Idaho.
Tom Hunsaker, Chairman
Maxine Hardy, Vice-Chairman
Dick Bybee
Cindy Donovan
Greg Maeser
MEMBERS PRESENT
Ron Folsom
Elaine McGary
Kevin Murray (arrived late)
Doug Willden
CITY OFFICIALS PRESENT
David Wadsworth, Public Works Karen Anderson, City Councilmember
Bill Manwill, City Engineer Terri Scott, Deputy Clerk
OTHERS PRESENT
Jay Johnson, 2125 Cabellaro Alan Cunningham, Mt. River Eng.
Tony Gonzales, Bach Development Casey Dennert, Benton Engineering
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Cindy Donovan led the Pledge of Allegiance to the flag.
First item of Business were the minutes from December 4, 2001 and February 5, 2002. The
Commission reviewed the minutes from December. Ron made a motion to approve the minutes
from December 4 as written. Dick Bybee seconded the motion. Voting was all in favor. The
motion carried. Cindy Donovan had several typo corrections for the February minutes. Tom had
a change to be made on the members present, Randy Waite was not in attendance. Tom
Hunsaker asked about the paragraph on page 2 talking about connecting Derrald Street and
Owen Street if they were looping or connecting the water lines. It was agreed that looping would
be the proper wording. Greg Maeser made a motion to approve the Minutes from February 5
with the corrections. Ron Folsom seconded the motion. Voting was all in favor. The motion
carried.
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Next item of Business was a Public Hearing for a request for annexation with an initial zoning
of RP made by Mark/Aimee Johnson and David/Shawna Chamberlain. Chairman Hunsaker
opened the Public Hearing and swore in the Public. Alan Cunningham with Mountain River
Engineering represented the developers and shower the Commission on the maps provided the
area being requested. Alan explained that the developers are planning on six lots that are
approximately 2.5 acres each are contiguous to the City through The Cottages Division # 2 to the
West. Kevin Murray asked if this property was in the Flood Plain. Alan confirmed that it is in
the Flood Plain. Maxine Hardy asked what the plans are for the strip ofland to the East. Alan
explained that this piece of property is included in the request to make the six lots contiguous to
the City. Dick Bybee asked about the cul-de-sac at the end of the six lots and what would
happen to the property owner to the East. He was concerned that since this is currently a Private
Drive this street would be the only access to his property at the end of the Drive. Alan explained
how the water and sewer lines run through this property to serve Quail Ridge and The Cottages.
Planning and Zoning Commission
March 5, 2002
Page 2
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Ron Folsom asked Alan who owned the L-shaped property to the East. Alan informed the
Commission that this property is currently in Mark Johnson's name and the Whitings own the
property to the North. Elaine asked about future development and if the cul-de-sac could go
north, it seems this didn't leave room for development. Ron Folsom commented that based on
the measurements provided this cul-de-sac is 1500' from Crowley Road to the end of Lot # 6.
Chairman Hunsaker asked if anyone else would like to make testimony in favor of this
development. There was no further comment in favor.
Marjorie Coles, 2643 S. 45th E., her mother - Uarda Whiting owns the property just to the North
of this proposed Development, informed the Commission that there has been a problem with the
surveying of all these lands in this entire section for many years. The Whiting's property has
been fenced for over 85 years. When Mark Johnson purchased his property they went and made
an agreement with him that he would follow the fence line instead of the deed line for his
property line. Now he has crossed over the fence line 109' x 1177' to make this property
contiguous.
Dennis Kaiser, 2797 S. 45th E., expressed concern about flood control for this proposed sub-
division and reminded the Commission that this is in the Flood Plain area. He feels the new
roads that are being built are now redirecting the water run-off from the East. Ron Folsom asked
Mr. Kaiser if he had been contacted by the developer and asked if he was interested in being
annexed. He said that they had not been contacted, but they would be interested.
. Rex Coles, 2797 S. 45th E., informed the Commission that when The Cottages was developed
they came to Uarda Whiting and asked her permission to make a kitty-corner cut across then end
of her property to run the water and sewer lines. She gave her permission with their promise that
it would not disturb the farmland when it was complete. The water and sewer lines go into her
property 100' and there is a manhole in the middle that needs to be farmed around.
Uarda Whiting, 2675 S. 45th E., is the owner of the property to the north of this proposed
development. She explained the history of the property in the area, including the property that
Mark Johnson owns. She also explained that her property has been fenced for nearly 100 years
and falls into the Homestead Act.
Alan Cunningham explained that the Deed line and the fence line do not match due to the
surveying problems for years because of the Snail Rock landmark. To make this property
contiguous they followed the Deed Line until they could drop back down to the fence line. They
wanted to have the least impact on the Whiting's as possible. There was more discussion on the
property lines and ownership.
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Chairman Hunsaker closed the Public Hearing. Ron Folsom commented that even if there were
no dispute over ownership he would still have several problems with this annexation request.
The first one being a 1500' cul-de-sac to service 6 lots with a private drive at the end that is not
in the City. He also feels that there is enough property here owned by Mark Johnson that he
didn't need to jump over into the Whiting's property. He could have been contiguous going
straight east then north to meet The Cottages. Dick Bybee commented that other than City
services he could not see why they would want this property annexed. Kevin Murray
commented that he was concerned about these lots being in the Flood Plain. The Commission
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Planning and Zoning Commission
March 5, 2002
Page 3
discussed the problems with this proposal and the water lines running through the property.
They feel that the surrounding property owners should have been asked if they were interested in
being annexed. Greg Maeser made a motion to recommend denial of this annexation request as
proposed. He stated the reasons being the dispute in ownership, the 1500' cul-de-sac, concerns
with the Flood Plain and that the adjoining owners not approached about being annexed. Kevin
Murray seconded the motion. Voting was all in favor. The motion carried.
Next item of business was the Preliminary & Final Plat of Brairwood Div. # 6. Casey
Dennert of Benton Engineering, represented the Developer and explained that this property is
just north of Division # 5, east of Woods Funeral Home and south of McDonalds Farm. Casey
reminded the Commission that this had came before them as a Preliminary and since then there
has been some changes made. Chairman Hunsaker reminded the Commission that it was
actually denied as a Preliminary when it was proposed before. Casey told the Commission that
one of the changes that has been made was there was a City park on the east side at one time and
the City Council decided that they didn't want the City to maintain it and has asked the
Developer to take it out. Tom asked if it was the City Councilor the Developer who asked to
take the park out. Jay Johnson said that he went to the City Council asked about the park
because Planning and Zoning had asked for one. He said that City Council felt that the City had
enough parks and couldn't afford to maintain the ones they had and also have the big one going
into Eagle Pointe. Jay said that he asked City Council at that time if they would rather have a
park in Briarwood or a donation to the park in Eagle Pointe. The City Council decided that they
would rather have a nice large park. Elaine commented that a small neighborhood park is a nice
asset to a development. Ron stated that he totally agreed with Elaine and he has supported a park
here all along. He feels it is better to have smaller parks that the kids can walk or ride their bikes
to instead of larger parks that you have to drive to. He disagrees with the decision that City
Council has made. The Comprehensive Plan says that there will be a park every Yz mile and if
City Council doesn't want to follow that plan then it needs to be changed. There is a park in
McDonalds Farm that is partially developed. Doug Willden commented that he feels it would be
better for larger parks to drive to then the parents would be going with the kids. In this day and
age parents shouldn't let the kids in the parks alone. There was more discussion about the parks
and a large one versus a small one.
Ron Folsom mentioned to Jay Johnson about the cul-de-sacs and requested that they try to design
the next sub-division differently so there is not any or at least not as many cul-de-sacs. The
Commission discussed this with Jay to get ideas. Engineer Manwill asked the Commission to
address the 27' strip of land between McDonalds Farm and Briarwood. This strip of land is not
included in either McDonalds Farm or Briarwood Plat and would prevent Adam Lane from
continuing south into Briarwood. If Briarwood Div. # 6 were approved as shown then this 27'
would be undevelopable land it would not really be a county island but it would be a 27"
unplatted strip. Ron Folsom asked Engineer Manwill how to get Adam Lane across into
Briarwood. Engineer Manwill suggested that the land be annexed to the City and then included
in the Plat for Briarwood Div. # 6. The Commission discussed this problem and how to solve it.
Casey commented that the property in question is deeded property and they platted all the way to
the section line and the Ammon City limits. So they feel they have done all that is required of
them even if that would make 2 cul-de-sacs for Adam Lane instead of coming together. If
something has to be done in the future that property could be deeded. Ron made a motion to
recommend to City Council approval of the Preliminary and Final Plat of Briarwood Div. # 6
with recommendation that prior to City Council approval something be worked out to connect
Planning and Zoning Commission
March 5, 2002
Page 4
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Adam Lane in the City to Adam Lane in the County and as a suggestion that the ditch right-of-
way be worked out with either the McDonalds Farm property owners or quit claimed to the
properties being platted tonight. Kevin added a motion that the City send letters to the ditch
users on Ammon Road and Kelly Howell to invite them to the next City Council meeting so an
agreement could be worked out. Maxine Hardy seconded the motion. Voting was all in favor.
The motion carried.
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Next item of business was to discuss the parking ordinance and required parking. The
Commission members were provided a list of changes to the parking ordinance to review prior to
the meeting. Tom reminded the Commission that they need to protect the "little guy trying to do
business" by providing enough parking for everyone. Ron explained that he has done some
research on other cities parking ordinances. What he found in doing research on the parking
provided for the cities commercial developments was that the City was not following its own
ordinance. The Commission discussed the parking problems and options to correct the problems
including parking for employees and customers and what should be required. One suggestion
was the Planning and Zoning Commission checks the parking when a business applies for a new
business license, that way we would know the use of the building and how much parking would
be required. The problem doing it this way would be in a mixed use building having more than
one space to be leased. The parking requirements should be the responsibility of the property
owner. Ron Folsom commented that Attorney Anderson did not want to hold a Public Hearing
on these parking ordinances unless all the other changes to Title 10 were ready as well. The
Commission agreed to review Title 10 and to make a list of corrections they felt were needed and
review them at the next meeting.
Next item of business was to review the minimum setback requirements for multiple main
buildings on a residential lot (apartment buildings). This has been brought up because of the
Eagles Landing Apartments and what should be considered front yards, rear yards and side yards
for all these buildings. Chairman Hunsaker provided a made-up map for the Commission to look
at and consider this problem. The Commission each discussed what their idea of this was. Tony
Gonzales with Bach Development showed the Commission a Site Plan of their Development and
explained that the buildings don't really have a back to them, there are entrances to apartments
on both sides of the buildings. The Commission discussed the setbacks for R-3A zone and
requirements for this development and agreed that the Site Plan met the requirements.
Karen Anderson reported on City Council actions.
Kevin Murray reported on Bonneville County actions.
Ron Folsom reported on City of Idaho Falls actions.
The meeting was adjourned at 10:30 P.M.
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Tom Hunsaker, Chairman
Minutes recorded by Terri Scott
Minutes approved