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Planning Minutes 05/07/2002 . CITY OF AMMON PLANNING AND ZONING COMMISSION May 7, 2002 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 6:40 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho. MEMBERS PRESENT Tom Hunsaker, Chairman Maxine Hardy, Vice Chairman Ron Folsom Dick Bybee Greg Maeser Kevin Murray Cindy Donovan Elaine McGary Doug Willden . CITY OFFICIALS PRESENT Randy Waite, Councilmember Leslie Folsom, Councilmember David Wadsworth, Public Works Director Terri Scott, Deputy Clerk Ron Folsom led the Pledge of Allegiance to the Flag. The first item of business was a Public Hearing to consider the request of Lee Gagner to rezone from C-1 to HC-1 and R.1 to C-1 property located on the southwest corner of Crowley Road Street and East 17th Street in Eagle Pointe. Prior to opening the hearing, Chairman Hunsaker discussed procedure matters regarding interpretation of the Comprehensive Plan Land Use Map. He wondered if the Comprehensive Plan would need to be changed before the Commission could hear Lee Gagner's request or if the commercial area shown on the map could be interpreted as broad enough to include the property. The Commission members discussed the issue. When the map was prepared, the use areas were not designated in definite parcels. The Comprehensive Plan text specifies corners of major intersections should be commercial. It was decided to proceed with the public hearing. . Chairman Hunsaker opened the Public Hearing. Notice of the Hearing was published in two issues of the Post Register. Also, property owners within five . Planning and Zoning Commission Meeting, May 7, 2002 - Page 2 hundred (500) feet and other interested parties were mailed notices of the hearing. Parties in interest were sworn in to present testimony. Alan Cunningham of Mountain River Engineering represented the developer, Lee Gagner, to explain the request. The developer has decided to cancel the part of the request for a zone change from C-1 to HC-1 for the corner piece. After reviewing the ordinances, he has decided that C-1 should accommodate what he would want to do. He does not have any plans at this time. The part of the request for a zone change from R-1 to C-1 is self-explanatory. It extends along Crowley Road except for the parcel Lee Gagner does not own. It fits with the corner and expands the commercial area. The area was pointed out on the map. The development details are not known, but the developer has mentioned the possibility of storage units. . Chairman Hunsaker called for testimony of parties in favor of the rezone and for testimony of parties who were neutral. No parties testified in favor or neutral. Testimony was accepted from parties who were opposed. Scott Bruce, 4319 East 17th Street, had questions about what is going to be done as the property develops into commercial. He expressed concerns about the rise on 17th Street and the impact of commercial development on traffic. The width of 17th Street and access points should be addressed. Doug Hall, 2452 South 45th Street, asked if the City issues building permits for development if the property is annexed to the City. He also wanted to know if traffic issues are considered when a building permit is issued to assure the roads are safe to allow the kind of commercial development. Accesses and street layout are considered in the platting and site plan processes. Kay Robison, 4363 East 17th, lives across the street from the Eagle Pointe access that is believed to be safe. He suggested that someone come out to observe it rather than just say it looks fine. People come around the corner and treat the street as a freeway. He can not get off 17th Street without someone wanting to push him out of the way. No one seems to care about the situation. He requested more speed enforcement. He objected to rezoning for any more C-1. Michael Neff, 3852 East 1 ih Street, said that the traffic has increased with all the development in the area. He suggested adding some four-way stops at some of the intersections to break the traffic pattern down. An excellent place for a four- way stop sign would be at Ross Avenue and East 17th Street. He also asked about the uses for a C-1 zone. . . Planning and Zoning Commission Meeting, May 7, 2002 - Page 3 Dick Bybee, 2130 Ross Avenue and a member of the Planning and Zoning Commission, said a four-way stop at Ross Avenue and East 17th Street is a very good idea. There was no more public input and Alan Cunningham was given the opportunity for rebuttal. He understands the traffic concerns, but he did not have an answer to the problem. The request is a rezone for C-1. People are interested in the development plans but development is probably more for the future. The only idea is storage units, which should be low traffic. Chairman Hunsaker asked for an explanation of how the property lines up with 21st Street. There was a review of the ownership boundary lines. . Chairman Hunsaker closed the public hearing and opened up the meeting for Planning and Zoning Commission discussion. Dick Bybee stated the piece of property on Crowley Road that Lee Gagner's property surrounds is owned by Doyle Anderson. The Anderson property is being considered for annexation with the County Islands, which are scheduled for hearing later in the meeting. Dick Bybee said the Commission should not act on Lee Gagner's request until a determination is made on annexation and zoning of the Anderson property. Greg Maeser said some thought ought to be given to going from R-1 to C-1, which is restrictive zoning going to less restrictive zoning. Kevin Murray moved to table further action on Lee Gagner's request until later in the meeting or until a later meeting after the hearing on the Anderson property. Dick Bybee seconded the motion. Voting was all in favor. The motion carried. . The second of item of business was a public hearing on the proposed annexation of County Islands, which are properties contiguous to the City of Ammon and includes eight parcels. Parcel No.1 is owned by LeMoyne Johnston at 3700 East 1th Street. Parcel NO.2 is owned by Ted Petersen at 2340 South 45th East. Parcel NO.3 is owned by Douglas and Lucinda Hall at 2452 South 45th East. Parcel NO.4 is owned by Doyle Anderson at 1954 South 45th East. Parcel NO.5 is owned by Gary and Laraine Sant at 3665 Marlene Street. Parcel No.6 is owned by Floyd and Carol Morrow at 2433 South Foothill Road. Parcel No.7 is owned by Jim and Kathy Pasley at 2491 South Foothill Road. Parcel No 8 contains eleven different properties. The owners are Charlene Mills, 3653 East 17th Street; Kim and Janet Hall, 3585 East 17th Street; Leslie and Luana Grigg, 3623 East 17th Street; Terry and Debra Taylor, 3525 East 1th Street; Bradley Pratt, 3683 East 1 th Street; the Pentecostal Church under Reverend Foster, 1571 South Ammon Road; joint ownership, 1395 South Ammon Road; Larry and Faye Seipert, 1393 South Ammon Road; David and Bernadette Craig, 1441 South Ammon Road; Robert and Carol Hammon, 1485 South Ammon Road; and LaCrista Holdings, two and one-half acres of property with no physical address on East 17th Street. The eleven properties are north of 17th Street, east of Ammon Road, and northeast of the Briarwood Addition. . Planning and Zoning Commission Meeting, May 7, 2002 - Page 4 Chairman Hunsaker opened the public hearing. Notice of the Hearing was published in two issues of the Post Register. Also, notices of the hearing were mailed to the involved property owners by registered mail. Public Works Director Wadsworth explained that the City initiated the proposed annexation because of a safety issue with fire protection. The properties are under the jurisdiction of Bonneville County but they are surrounded by or mostly surrounded by the City of Ammon. At times there is a question about whether the County or the City should respond to a fire call. Also, it is possible for some of the properties to benefit with other City services. Parties in interest were sworn in to present testimony. Parcel No 1: LeMoyne Johnston, 3700 East 17th Street, owns about seven plus acres of property. He has been opposed to annexation for thirty years and he is still opposed. He is against annexation because of possible City regulations. He has his own well, he is on lona Bonneville Sewer, he takes care of his own garbage disposal, and he raises several animals. He has not experienced any neighborhood complaints. The only benefit he can see is a raise in property tax. . There was a discussion on advantages of annexation. The advantages listed were fire protection and availability of water service without a connection fee when their private well goes down. Most of the properties are now on lona Bonneville Sewer and, if they are not, the sewer would be addressed separately The only increase in property taxes would result from a difference in fire protection costs. Costs involved in providing water and sewer service were discussed. Some of the concerns needed to be addressed at the City Council level, but there was no City Council input. In order for cities to grow they have to be able to control the properties within their boundaries. There was concern that property rights would be cut by annexation and zoning. The City does not have an agriculture zone. We do allow growing of crops on larger lots, and we do allow keeping of a limited number of animals in the zones with OL-6. It was suggested the City provide a written proposal to the property owners. There was no other input on Parcel NO.1. Public input was closed on Parcel NO.1. . Greg Maeser pointed out that the Commission does not specify initial zoning on any of the parcels. Usually a proposal for annexation includes initial zoning. Kevin Murray said someone should represent the City to help make a proper determination. The Commission and the landowners need some details. Chairman Hunsaker understood the hearing to be an offer for annexation. LeMoyne Johnston owns more than seven acres and the City can not force him to annex. This is a unique experience. The Commission has never had a City proposed annexation before. The developer has always made the request and presented the "why". There was a question about whether or not to continue the . Planning and Zoning Commission Meeting, May 7,2002 - Page 5 hearing or to table it. Ron Folsom expressed the opinion that the Commission is being asked to determine if the properties are important enough to square up the boundaries of the City by annexation and zoning. If they are, the Commission needs to make a recommendation including the zoning. The City Council can hold a hearing to address whatever the Planning and Zoning Commission does not. He did not support tabling the hearing. Ron Folsom moved to recommend to the City Council that we do not annex Parcel No.1, the LeMoyne Johnston property, based on his input. Dick Bybee seconded the motion. Voting was unanimous to deny annexation. The motion carried. . Parcel No.2: Ted Petersen (Ted's Cabinet Shop), 2340 South 45th East, stated that he did not object to annexation of his property. The property is being used commercially as a cabinet shop. He approached the City Council about four years ago to get the property annexed. The request was denied because of the way the property was being used and it was considered to be spot zoning. The question is what will the zoning be if it is annexed to the City. Ted Petersen would like the property zoned commercially. Bonneville County has granted variances and/or special use permits to allow Mr. Peterson to continue to operate his business. There was a discussion on zoning, non-conforming use, changing the use, and maintaining the use if the property is sold. Doug Hall, 2452 South 45th East, did not have any particular concern if the City cares to annex the Petersen property. He has a serious concern regarding the zoning the property would have. This property is currently part of Bonneville County and has variances on it. Doug Hall has not objected to the variances Mr. Petersen got in order to have his family business. However, he does have serious objection to it suddenly becoming commercial property, which it never has been. It has never been represented to him that there was any intention to have the property be commercial. He understood Mr. Petersen's intent was to sell the property to be converted to a private home. It does not make sense to the neighborhood to have the property as a permanent commercial installation in what is a basically residential area. There was a question about whether or not a cabinet shop fits in a commercial zone. It appears it may fit in a GC-1 zone. Michael Neff, 3852 East 1 th Street, asked at earlier annexations about the maintenance of the roads. He understood the County would probably continue the maintenance of Crowley Road and 21St Street because the City was on only on one side. He wondered if that would change with this annexation. The County and the City usually work together on road maintenance. He also inquired about fire hydrants if the City provides fire protection. The City facilities . . Planning and Zoning Commission Meeting, May 7,2002 - Page 6 would have to be expanded to provide capability to fight fires. Public Works Director Wadsworth reported that he did not think any of the parcels, which were proposed for annexation were far enough away that the City could not provide good fire protection. There was no additional input on Parcel NO.2. Chairman Hunsaker closed the hearing for public input and opened it for Commission discussion. . Chairman Hunsaker expressed concern about whether the zoning should be permanent or whether there should be a "grandfather" clause for the cabinet business. He asked if anyone on the Commission had a problem with annexing a residential property with a general commercial type use. The use is not a particular problem for the neighborhood at this time. There is a problem with zoning the property C-1 or GC-1 when going from adjacent RPA. The property should be zoned consistent with the neighborhood. This would mean recommending a zone consistent with the neighborhood with a nonconforming use, which would have to be maintained. It was suggested that the City Attorney should be consulted to assure the Commission follows the correct procedures. If the property is annexed with a non-conforming use and someone purchases the property from Petersens, expansion can not happen. The ordinance is specific on regarding non-conforming use. Growth is one thing that is not acceptable. The owner would be opposed to annexation with a stipulation that the non- conforming use for the cabinet shop would not continue with a change of ownership and the property would revert to a residential zone. Kevin Murray moved to recommend annexation of Parcel No.2, Ted Petersen property, with the zoning to be RP and that his operation be allowed to continue to go on as long as it conforms to the current variances that he has in place. There was a question about whether the zone should be RP or RPA. The motion was corrected to state the recommended zone is RPA. Ron Folsom seconded the motion. Voting was unanimous in favor. The motion carried. Parcel No.3: Douglas and Lucinda Hall owns two acres of property at 2452 South 45th East. Ted Petersen's small parcel of property immediately north of Mr. Hall's and the fairly large piece of property on the other side of the ditch are not part of the City of Ammon. The piece of property immediately across the street, which is believed to be owned by Keith Hanson, is not part of the City of Ammon. The City of Ammon does not engulf him at this point. The City of Ammon has to have a compelling reason for wanting to annex his property or we have to agree there is a mutual benefit to taking this action. Dispatching fire protection service is somewhat of a concern, however, the County should have clear information available to dispatch prompt service. At this time the City should not have to be encumbered to bring water and sewer service to his property and he should not have to stand the cost to hook up to the service. He . has a good well and a new septic system. He does not need the service at this . Planning and Zoning Commission Meeting, May 7, 2002 - Page 7 time. He has concern about animals. He has two pack animals, which are his family's ticket to the backcountry. They are important and he does not want to be put in jeopardy of losing the right to have animals. He asked the City to defer the offer of annexation until such time as other properties across from him become annexed and developed or City services are available in front of or across from his house. He asked to be removed from the Planning and Zoning Commission's recommendation to the City Council. Mr. Hall pointed out the exact location of his property on the map. Members of the Commission corrected his information about the properties currently annexed to the City of Ammon and those not annexed. The Hall property is almost completely surrounded by City of Ammon. Mr. Hall stated the properties are undeveloped farmland and are actively being farmed. It makes more sense to have Halls become part of the City when the other properties are developed and city services are available. Since the area to the east is basically rural, Halls prefer to defer annexation until surrounding properties take on development. . There was no further public input. Chairman Hunsaker closed the public input portion of the hearing on Parcel No. 3 and opened the meeting for Commission discussion. Ron Folsom said the City should not force annexation if he does not want to be annexed and if we can not provide City services. However, the Hall property is bound on three sides by City of Ammon. If Mr. Hall accepts annexation, he will be able to waive the water connection fee when that service becomes available and he is ready to hook up. It was suggested that the Planning and Zoning Commission should make a recommendation on whether or not they think the property should be annexed and let the City Council work with Mr. Hall on a time frame. Dick Bybee moved to recommend to the City Council to deny annexation of Parcel NO.3 owned by Douglas and Lucinda Hall because, at the present time, the City has nothing to offer in benefits for being annexed into the City even though the property is bound on three sides by the City. Kevin Murray seconded the motion. There was a discussion on the motion. Elaine McGary favored delay of annexation until development occurs around the property and then annexation should be brought up again. Doug Willden added that Mr. Hall benefits if the Commission recommends approval and then he can negotiate with the City Council regarding services. Chairman Hunsaker called for a vote on the motion. Elaine McGary, Maxine Hardy, Greg Maeser, Kevin Murray, and Dick Bybee voted in favor of the motion to deny annexation. Ron Folsom, Cindy Donovan, Doug Willden, and Tom Hunsaker voted in opposition of the motion to deny. The recommendation will be sent to the City Council. The motion to deny carried. Parcel No.4: Doyle Parcel Anderson, 1954 South 45th East, is the owner of the . . Planning and Zoning Commission Meeting, May 7, 2002 - Page 8 property. The property owner was not present and there was no public input. Chairman Hunsaker closed the public input of the hearing and opened the meeting for discussion by the Planning and Zoning Commission. The parcel is approximately two and one-half acres with a rock house on it, and it is located a short distance south of East 17th Street on Crowley Road. It was part of the Delmar Anderson farm, but it was omitted when the farm was sold to Lee Gagner for development as Eagle Pointe. This parcel should be zoned according to the surrounding Eagle Pointe. If it is zoned commercially, it should stay as an agricultural or residential use for taxing purposes until it changes to a commercial use. Kevin Murray moved to recommend to the City Council that Doyle Anderson's property, Parcel No.4, be annexed to the City of Ammon with a zone of C-1, however, we would request that this property is not taxed at a commercial rate but is taxed at a residential rate until such time as it is developed for a commercial use. Ron Folsom seconded the motion. Voting was unanimous in favor. The motion carried. . Request for Rezone in Eagle Pointe: Since a recommendation was made on the Doyle Anderson property, it was decided to complete action on Lee Gagner's request for rezone which was left unfinished in the first item of business. Dick Bybee moved to recommend a rezone from R-1 to C-1 for the stated piece of property owned by Lee Gagner in Eagle Pointe contingent upon the annexation of the Doyle Anderson property as C-1. Kevin Murray seconded the motion. Voting was unanimous in favor. The motion carried. The public hearing on the annexation of the County Islands was continued. Parcel No.5: Gary and Laraine Sant, 3665 Marlene Street, opposed the annexation. Laraine Sant said that she has not heard enough good reason to be annexed into the City. She related her experiences. Regarding fire protection, she contacted the Bonneville County Division Chief in 1996 and her property was flagged on their map to show it was under the jurisdiction of the County. Last summer when she was working in her yard and a dog from City of Ammon came into her yard and grabbed her leg. City of Ammon was called but it was Saturday and the answering service said they would page the Animal Control Officer. They waited and waited more than an hour and there was no response from City of Ammon. So the County officer was called and he responded in fifteen minutes. City of Ammon responded on Tuesday. An information letter from City of Ammon states that dogs that bite must be destroyed. However, the dog is still in the area. It is hard to say that she wants to be in Ammon when she can not get service. . . Planning and Zoning Commission Meeting, May 7, 2002 - Page 9 Gary Sant added that they already have the services that annexation proposes to provide. Sants have City of Ammon water. Sants are served by the lona Bonneville Sewer District. They have City of Ammon garbage service. He thinks the only thing that will happen is a raise in taxes. He does not want to give up his animals. He needs a more persuasive argument. The Sants house has been on City of Ammon water and garbage since 1978. Property taxes and benefits were discussed. Mr. Sant said there is probably some logic to annexing them if the City of Ammon can assure them that they will not be harmed. Keeping of animals was discussed. There was no further public input on the Sa nt's property. Chairman Hunsaker closed the public input portion of the hearing on Parcel No.5 and opened the Commission discussion. Ron Folsom said he basically was of the opinion that properties enclosed by the City on four sides should be annexed. When Sants said they had city water, that confirmed his opinion. We usually do not offer to provide water, sewer, and garbage service unless the property is annexed. Ron supports annexation of the Sant property. . Ron Folsom moved to recommend approval of the Gary and Laraine Sant property, Parcel No.5, as published for annexation with a zone of RP including OL-6. Kevin Murray seconded the motion. The Sant property is 4.76 acres. It qualifies for force annexation by the City, but the recommendation will be sent to the City Council for action. Ron Folsom, Kevin Murray, Elaine McGary, Maxine Hardy, Doug Willden, Cindy Donovan, and Tom Hunsaker voted aye. Greg Maeser and Dick Bybee voted nay. The motion carried. Parcel No.6, Floyd and Carol Morrow, 2433 South Foothill Road: The Morrows were not present and there was no public input. Chairman Hunsaker closed the hearing for public input on Parcel NO.6 and he opened Parcel No.7, Jim and Kathy Pasley, 2491 Foothill Road for public input. The Pasleys were not present and there was no public input. The hearing was closed for public input on Parcel NO.7. The Planning and Zoning Commission discussed why these parcels were being considered for annexation. These two properties are located at the end of Foothill Drive and were left out of the Quail Ridge annexation. The water and sewer has not been extended on Foothill Drive to these two properties but the services should be there in the near future. Dick Bybee moved to recommend to the City Council approval of annexation of Parcel NO.6 and Parcel NO.7 with a zone of RP. Ron Folsom seconded the motion. Voting was unanimous in favor. The motion carried. . Kevin Murray moved to recommend to the City Council that they hold a public hearing to consider annexation with zoning on each of the County Island parcels heard by the Planning and Zoning Commission at this meeting. Greg . Planning and Zoning Commission Meeting, May 7, 2002 - Page 10 Maeser seconded the motion. Voting was unanimous in favor. The motion carried. Parcel No. 8 - Eleven Properties: The Commission agreed to consider annexation of the eleven properties together but they would like to hear individually from each of the property owners. Chairman Hunsaker opened the hearing for public input. No one responded to a call for testimony in favor or for neutral testimony. Robert S. Hammon, 1485 South Ammon Road, presented a letter from Kim Hall, 3585 East 17th Street. Kim is adamantly opposed to annexation. Robert Hammon stated that he was also opposed. He does not like the way that the City has designed things. Fire protection is not what he wants. . David Craig, 1441 South Ammon Road, opposed annexation. He did not see any benefits to annexation. He has Bonneville County police and fire protection at the present time. He has a private well and is on lona Bonneville Sewer. Leslie Grigg, 3623 East 17th Street, questioned annexation of his property. Wood Funeral Home is already annexed to the City of Ammon. Mr. Grigg is happy to be in Bonneville County. He has his own well. He is on lona Bonneville Sewer. There is $2 difference in garbage collection. The County responded to a fire in his yard. He sees no benefits. The City of Ammon offers to waive the $600 water connection fee when the property owner has to connect to city water. He was offended by the communication he received from the City. He did not have any questions concerning annexation, and he assumed that a non-response would mean he was not interested. One letter indicated that if there was no response the City might plan to force annexation. This was very offensive. If the City would come to him and say we would like to annex your property for these reasons and these benefits, he would be more amenable to working with the system. He inquired about State annexation laws. Brad Pratt, 3683 East 17th Street, opposed annexation. He reported that Charlene Mills and Reverend George Foster were unable to attend. They both oppose annexation of their property. He did not appreciate the way the City approached the annexation. Chairman Hunsaker read the letter from Kim Hall, which was brought to the meeting by Robert Hammon. Kim Hall can see no reason to want to be in the City limits at this time. The only item he expects to see from the City is an increase in property taxes with no benefit. . . Planning and Zoning Commission Meeting, May 7, 2002 - Page 11 Bob Hammon was asked to explain his concern about the fire protection issue. Mr. Hammon said the acreages on Ammon Road are fortified with houses from behind. There is no place to put a road in or to get a road in between the houses if a fire starts. The property owners are having a hard time getting irrigation water. The ditches are covered up. The weeds grow up and die. Those weeds catch on fire so how are you going to send the fire truck in. There is no way to get in from Ammon Road and there are ditches and houses to get around to fight a fire from the subdivision side. The City is for residential, but there is no way for the acreages on Ammon Road and East 1 ih Street to blend in. There are cul- de-sacs all over. There is no in and out road. The only access for the acreages is on Ammon Road and it is a nightmare. He does not want to be part of the stupidity. . Debra Taylor lives at 3130 Owen Street but she and her husband owns the property on the northeast corner of Ammon Road and East 1ih Street, 3525 East 17th Street. The Taylors are somewhat for and somewhat against annexation depending on long range. She understands that two of the corners are already annexed to the City of Ammon and zoned commercial. She would like to see their property zoned commercial but keep it residential for taxing purposes until sometime down the road when they have development plans. The City of Ammon Fire Department is very good. She agreed to annexation with a commercial zone. There was an additional comment from the resident of 3852 East 17th Street. He is in the City of Ammon but he is also part of Bonneville County. If people want to remain in the County, they can participate in our government through the County. A person is not a lesser citizen for being in the County rather than the City. As a City, we owe responsibility to the County not just to the City. We are State of Idaho citizens, and we are United States citizens. We pay County taxes as well as City taxes. He can understand the City of Ammon trying to square its boundaries and what the City is trying to do. However, he does not believe the City should lay a guilt trip on property owners that the City is trying to force in. Some of the eleven property owners were not represented. It was believed that the Sieperts are against annexation. The owners involved in LaCrista Holdings are in California. The hearing was closed for public input and opened for Planning and Zoning Commission discussion. It was hoped that enough information had been gathered for the City Council to look at. Dick Bybee inquired about the mention of a roadway into or near the LaCrista Holdings. It was determined it was a private access and not a dedicated roadway. Chairman Hunsaker said there was nothing done about stubbing any streets into the properties in Parcel No. 8 from the Briarwood development. He . wondered about long range plans. The lots are extra deep lots. There is a . Planning and Zoning Commission, May 7, 2002 - Page 12 problem with annexing the properties that face Ammon Road because city water service is not available to them at this time and they are directly across from eighty (80) acres of property that is not annexed to the City. It is different with the properties that face East 17th Street because there is water service available. Greg Maeser said, if we considered the eleven properties as one parcel, we should recommend denial. However, Terry and Debra Taylor were interested in annexing with commercial zoning, their property is contiguous with the City and the commercial zoning is consistent with the Comprehensive Plan map. Greg Maeser moved to recommend to the City Council denial of annexation of Parcel No. 8 but to give consideration to separating out the property owned by Terry and Debra Taylor with a possible initial zone of C-1. Dick Bybee seconded the motion. Voting to recommend denial was unanimous in favor. The motion carried. . Regarding the minutes of the Planning and Zoning Commission held November 13, 2001, Greg Maeser did not have a problem except for some typing errors and he recommended approval. Ron Folsom seconded the motion. Chairman Hunsaker did not understand the sentence on Page 5 that reads, "Kim does not know what the plans are or how big the campus will be but he does not see the development being deterrent from the privacy." This is stated according to Kim Leavitt's comments regarding the privacy of the campus. Another concern is on Page 6, "Karen Anderson explained that they anticipate the traffic will be generated from each of the different directions and that the intersection of 17th Street and Curlew Drive would induce people to use that intersection." The sentence should be corrected to read, "Karen Anderson explained that they anticipate the traffic will be generated from each of the different directions, but the signal light at the intersection of 17th Street and Curlew Drive would induce people to use that intersection." Greg Maeser moved to approve the minutes of November 13, 2001, as corrected. Kevin Murray seconded the motion as corrected. Voting was unanimous in favor. The motion carried. . The next item of business was a request of Clea Fullmer for a sideyard variance to allow a garage at 2705 Sawtooth. Clea Fullmer explained that there are three homes on Sawtooth Street that do not have garages. There is an existing cement pad of eleven (11) feet with five or six feet to the Fullmer fence line and seven or seven and one-feet to the adjacent house. It was proposed to build a garage on the pad. The frontage of the lot is only sixty (60) feet, which causes the problem. Adding the garage will contribute to the value of the property. Clea Fullmer plans to sell the house, but a sale is contingent upon the new owners being able to build a garage on the side of the house. The Commission reviewed the requirements for a variance to determine if the request met all the requirements. The frontage of the lot is less than average; due to special circumstances the property owner is denied privileges afforded other properties . Planning and Zoning Commission Meeting, May 7, 2002 - Page 13 in the same zone; the granting of the variance will not adversely affect the Comprehensive Plan of zoning in the City; adherence to the strict letter of the ordinance will cause unnecessary difficulties and hardships; and the applicant has not caused the hardship. The applicant qualifies for a variance. Ron Folsom moved to recommend to the City Council acting as the Board of Adjustment approval of a sideyard variance for 2705 Sawtooth Street. Greg Maeser seconded the motion. Voting was unanimous in favor. The motion carried. . Chad Eldridge requested a landscape variance for Majestic Autobody, 1426 North 25th East. Chad stated that he may not be asking for a variance but for the Planning and Zoning Commission to look at what the zoning requirement for landscape setbacks were at the time Majestic Autobody was annexed into the City of Ammon. The Commission had copies of the agreement with Kevin Eckersell of Bonneville County when the property Chad Eldridge owns was involved in the widening of 25t1i East. At that time they were forced to come u~ with a site plan that would work for the driveways that would access on to 25 h East and on to 14th North (Majestic Autobody's south boundary). There is more landscaping than required along 25th East. There is not any landscaping on the south border along 14th North because at the time the plan was drawn there was not a landscape requirement. At this time, they have installed the fire mains, the curb and gutter, the sewer stub-ins, the grease interceptors, and the building pad has been buill previous to getting their building permit. Due to some delays on receipt of plans for the steel building, they could not apply for a building permit. They also experienced delays because of the extra amount of time in constructing the sewer on 25th East and hearings between City of Idaho Falls and City of Ammon regarding annexation. Chad Eldridge stated they understood the engineer drawings and design would be accepted as part of the annexation to City of Ammon. Instead of asking for a variance, Chad asked the City to recognize they were told Majestic Autobody would be "grandfathered" in. . No one remembered seeing the original site plan. A review of the minutes did not indicate any where that the site plan was discussed. There is thirty-five (35) feet from 14th North to the building. They have a lot of large freight trucks that drop off parts and a forklift that is needed to unload the trucks. There is not enough room to continue that driveway access to allow for the trucks and part to be unloaded. The idea for the two driveways on 14th North is a truck would pull in on the first one and exit out of the second one. Chad also had an old plot plan that was signed off and approved by Bonneville County before annexation to City of Ammon. He could see the need for a landscape setback (buffer) between residential and commercial but he could not see the need for one between industrial and industrial. Two subdivisions are involved. One consists of ten acres owned by Chad Eldridge and is called Majestic Acres. The other . Planning and Zoning Commission Meeting, May 7, 2002 - Page 14 subdivision is Lincoln Industrial Park. There was a sales pitch to get the property into the City of Ammon. Chad Eldridge would like to continue development, and there is only about ten or fifteen days to put in the foundation before the steel arrives. The Commission discussed the issue. One of the advantages for annexing the property was landscaping. Extra landscaping has been provided on 25th East to help keep the City of Ammon beautified. Chad Eldridge was not trying to be difficult, but it is too late to add the landscape area into the south side. There is additional undeveloped property in the subdivision that he would be willing to put landscaping along the face of on 14th North. The present landscaping ordinance did not exist at the time of annexation. Some lesser landscaping ideas were discussed. The Commission was not comfortable with a variance, but they were more comfortable with sympathizing and a "grandfather" agreement. Details of the building were discussed. . Ron Folsom moved to accept Majestic Autobody as a "grandfathered" item that was instituted prior to our landscape ordinance and to accept the site plan drawing as drawn. Dick Bybee seconded the motion. Voting was unanimous in favor. The motion carried. The Planning and Zoning Commission members agreed to sign off on the building permit review form for Majestic Autobody. The plans meet the parking requirements. Tim and Sheila Kent, 2585 Hillarn Drive, want the City to eliminate the ninety- nine (99) feet right-of-way on the south side of their property so they can build a double-car garage and fence their property. Kent's lot faces Hillam Drive and is part of Hillview Addition Division NO.2. The right-of-way for Hillam Drive is platted as sixty (60) feet. The south side of the property is along Rawson Street. Rawson Street is platted in the Original Townsite of Ammon and the right-of-way is ninety-nine (99) feet. The curb, gutter, and paving around Kent's property from Hillam to Western Avenue on Rawson Street have been placed to eliminate the ninety-nine (99) feet right-of-way on Rawson Street. Kents contend that their right-of-way on the Rawson Street side should be sixty (60) feet according to the curb and gutter and like Hillam Drive, but the City considers Rawson Street to have ninety-nine (99) feet right-of-way. This issue has come up a number of times but it has not been resolved the way the Kents want it to be. Sheila Kent explained the details of how they want to add on to their garage. When the request was presented before, Sheila understood the City Council would consider her request if she would get a petition signed by all of the property owners on Rawson Street to have the ninety-nine (99) feet right-of-way changed. She got signatures from all but four property owners. Chairman Hunsaker recommended that the Planning and Zoning Commission only look at . Rawson Street from Western Avenue west and not address any of Rawson . Planning and Zoning Commission Meeting, May 7,2002 - Page 15 Street in the Original Townsite. The issue was discussed. If the right-of-way were changed to sixty (60) feet that would add 19.5 feet to Kent's property and 19.5 feet to the property on the south side of the street. The Commission wondered if that would give Kents all they needed to do what they wanted to do because the required setback from Rawson Street would be thirty (30) feet. After doing some figuring, it was estimated that addition of 19.5 feet would give the Kents more yard but it would not allow them to extend the garage as much as they wanted. It would establish a new property line and give them a guideline for placement of a fence. Ideas were brainstormed. The School District may decide to bridge the ditch and extend Rawson Street into Sand Creek Middle School. It would be good to have uniform right-of-way for all of Hillview Village. Greg Maeser moved to recommend to the City Council that they consider abandonment of everything above sixty (60) feet of the right-of-way on Rawson Street as it goes into Hillview Village west of Western Avenue. Ron Folsom seconded the motion. Voting was unanimous in favor. . The next item of business concemed confusion about the site plan of Eagles Landing. The clubhouse building proper for Eagles Landing will be set back a full thirty (30) feet as required from both Eagle Drive and Derrald Avenue. They have an overhanging roof, which we allow up to one-third of the easement, so that would be up to ten (10) feet and they are within that requirement. Undeneath these overhanging roofs on both the south and west sides there are two (2) feet columns tapering as they go up. Our ordinance states that the setback is measured from the street to the building and anything that is projected therefrom like bay windows. Does this also include the columns? Does it exclude the columns as far as measuring from the columns to the street or from the building side to the street? Ron Folsom said that is a front yard description. The front yard is basically from the street to the house, so which is the front yard and which is the side yard? Can they have the columns on one side and not the other? Traditionally the front yard is the main entrance to the building. The main entrance to this building is internal, so are the columns on side yards or rear yards? Do we use the front yard classification or do we use the setback, which says the shortest distance between the property line and foundation, wall or main frame of the building? The columns are not the foundation or main frame of the building. If we use the setback, the columns are fine, but if we use the front yard, the columns are not because projections are included. Columns are not projections, but the roof is a projection. The discussion continued, and the building drawings were reviewed. By way of clarification, it was decided that the columns are not a problem. Everyone agreed that the columns are not included and the clubhouse is okay. . . Planning and Zoning Commission Meeting, May 7, 2002 - Page 16 Building permit review plans were signed. Councilmember Randy Waite reported on City Council actions, and Kevin Murray reported for Bonneville County. The meeting was adjourned at 11 :30 P.M. Chairman Minutes recorded by Terri Scott and edited by Aleen Jensen Minutes approved . .