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Planning Minutes 07/05/2006 CITY OF AMMON PLANNING AND ZONING COMMISSION July 5, 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 Jarin Hammer, Vice Chair Tom Hunsaker Rodney Allen Leslie Folsom Tristan John Doug Willden Greg Maeser Members Absent: Steve Crandall Richard J aussi Robert Gustafson Citv Officials Present: Bill Manwill, City Engineer Lisa Jones Deputy Clerk/Treasurer Citv Officials Absent Bruce Rose, City Administrator Ron Folsom, Planning Director Leslie Folsom led the Pledge of Allegiance to the Flag. Minutes June 7, 2006: Incomplete PUBLIC HEARINGS: Commission Chairperson Cindy Donovan explained the public hearing process to those in attendance. Conditional Use Permit Extension, Modular Buildine:s - School District #93 at Ammon Elementarv: Notice of the Hearing was published in the Post Register on June 14 and June 21, 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 Commission Chairperson Cindy Donovan, swore in those individuals desiring to testify. Jarin Hammer presented slides of the location and vicinity. The property is located along Owen Street between Central and Midway. Roger Hill, 3497 North Ammon Road, presented the request for School District #93. The District is requesting a two year extension for the modular classrooms presently on site at Ammon Elementary. Even with the construction of two new elementary schools, all of the districts schools are near or at capacity. The buildings will be utilized by the District wide gifted and talented program until additional buildings can be constructed. It is expected that two additional schools will be need within the next two years. Chairperson Donovan called Ben Patterson, who had registered to testify. Mr. Patterson indicated he does not have any comments. There was not any testimony opposed to the requested extension. Chairperson Donovan closed the public hearing. Greg Maeser motioned to recommend the council approve a two year extension for the modular buildings. Rodney Allen seconded. All in favor, the motion carried. Planning & Zoning 07/05/2006 - 1 Vacation of Road Rie:ht-of-Wav - Cottonwood HilIs/Maiestic View Drive: Notice of the Hearing was published in the Post Register on June 14 and June 21, 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 Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. Jarin Hammer presented slides of the platted location and vicinity. The property is located east of Crowley Road (45th East) and south of 21 01 South, and north of Sunnyside. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. The developer is seeking the right-of-way vacation in conjunction with development of an additional 35 acres of property. The existing street would become part ofa private drive accessing the division. The developer, Dr. Chamberlain, would maintain the roadways within the development. Dave Chamberlain, 4800 Majestic View, the owner of the development, read letter in favor of the request, beginning with the next to last paragraph. Dr. Chamberlain outlined his plans for the private community and the benefits to the City. With regard to flood channel it was his understanding that his property would not be affected as it is not in the flood plain, in prior Council meetings it was implied the flood channel would be constructed in front of those properties which would be benefited. It has come to his attention that an alternate recommendation has been made to construct the flood channel behind the homes. Dr. Chamberlain testified he believes it would be an undue burden on him to require the flood channel from his property as it would not benefit his property. In addition it would necessitate drainage through a previously platted lot which may have a home on it and, would eliminate a reasonable place for the gate to the community. Dr. Chamberlain suggested other alternatives. {letter included in meeting documentation} Commission member Leslie Folsom asked Dr. Chamberlain ifhe had engineering reports that would support his position on the location of the flood channel. Dr. Chamberlain said he did not. Dennis Kiser, 2707 South 45th East, Asked where water will run-off from the property. Paul Johnson, 4650 Majestic View, testified he is in favor of vacating right-of-way, and in favor of flood channel being planned. Mr. Johnson stated he is not in favor of gating the access to the community. He feels a gate would create segregation. The Johnson's also own the property at 2675 Crowley, the flood channel way would go 8 feet through the center of the lot - the lot would then be useless Robert Skinner, 3832 Summer Circle, the owner of the vacant lot west of Cottonwood Estates, testified he is not for or against the vacation of Majestic View. His concern is with the flood mitigation plans. Mr. Skinner indicated he had contacted Williams Engineering, who performed preliminary studies for the City. He described the options Mr. Williams had described for mitigation of flooding in that area. Mr. Skinner qualified that Mr. Williams had not been asked for an official recommendation by the City when he spoke with him. He has worked with Mr. Williams, Planning Director Folsom, and Mountain River Engineering; and, provided information on his property to FEMA. Mr. Skinner asked that this issue be addressed. Rex Coles, 2653 South Crowley, testified he has lived in their home since 1978 and his wife has lived there since 1937. Mr. Coles stated their home is 100 feet from the road and there are trees along the road that are over a hundred years old. At the back of the property there is an irrigation ditch. He stated that when the snow melts it will flood the back of their property. If the flood channel is put through the back of the property is will take out their fruit trees. The Coles' are concerned that their property will be taken from them. Glen & Diana Burke, 2911 South Crowley, stated they have no comment Doyle Robertson, 4561 East Sunnyside, testified he worked on the farms with irrigation before the development. He explained the direction of the water flow before the development took place. Mr. Roberston feels there has not been enough study done on the flood plain. He recommends more studies need to be done before any decision is made regarding the property. Daniel McLaughlin, 4764 Majestic View, stated he had no comment at this time. City Engineer Bill Manwill stated that city is faced with a problem. Mitigation is very costly, some federal funding may be available, but other avenues will need to be explored. There are three prospective options for channeling, all in front, all in back with split, all on Dr. Chamberlain property. The modeling of the property has not been completed. Meetings with City and County Officials and developers of properties to the north are taking place. Mr. Manwill also explained that developments are being designed with retention systems to ensure they do not increase potential runoff. The developers of smaller properties need to be aware that what developers to the north do may impact their development with regard to flood flows. Rex Coles testified that the spring melt comes and their home has never been flooded. Planning & Zoning 07/05/2006 - 2 Dave Chamberlain stated that if the flood channel goes in front of their properties the neighbors will lose their front step City Engineer Bill Manwill stated that at this time the City should keep all options open. Chairman Donovan closed the hearing The Commission discussed the vacation request. It was expressed there are too many unknowns. Leslie Folsom motioned to deny vacation of Majestic View Drive. Jarin Hammer seconded. All in favor the motion carried. Conditional Use Permit - Residences to Face on Private Drive: Notice of the Hearing was published in the Post Register on June 14 and June 21, 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 properties concerned are all those properties in Cottonwood Hills Estates Divisions 1 through 3. Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. Jarin Hammer presented slides of the platted location and vicinity. The property is located Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. Dave Chamberlain testified the Conditional Use Permit is only needed if Majestic View Drive is vacated. There was not any further testimony by the public. Tom Hunsaker motioned to recommend approval if City council chooses to vacate Majestic view and all requirements met Greg Maeser seconded. All in favor, the motion carried. Request for Rezone - Woodland Hills RP-A to R-l and R-l to RP-A: Notice of the Hearing was published in the Post Register on June 14 and June 21, 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 Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. Jarin Hammer presented slides of the platted location and vicinity. The property is located Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. The rezones are requested to ensure that when platted there will not be any split-zoned lots. There was not any testimony opposed to the rezone. Chairman Donovan closed the public hearing. The Commission discussed the requested rezone. Greg Maeser motioned to recommend approval as presented. Leslie Folsom seconded. All in favor, the motion carried. ACTION ITEMS: Tom Hunsaker motioned to recommend that the City Council waive second public hearings on the modular use extension and Woodland Hills rezone Leslie Folsom seconded. All in favor, the motion carried. Bride:ewater Amended Preliminarv Plat: Jarin Hammer presented slides of the platted location and vicinity. The property is located west of Ammon Road and south of Lincoln Road Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. The preliminary plat amendment is being requested to accommodate the location of an elementary school in the development. The Developer and School District Officials have reviewed a variety of plat layouts and the proposed amendments best meet the ideal for both. The Commission reviewed the proposed plat amendment Greg Maeser motioned to recommend approval of the Bridgewater Amended Preliminary Plat. Tom Hunsaker seconded. All in favor, the motion carried. Willow Creek Woodworks Site Plan: Jarin Hammer presented slides of the site plan, location and vicinity. The property is located on the north side of 14th North, east ofHitt Road in the Lincoln Industrial Park.. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the site plan for the developer. Planning & Zoning 07/05/2006 - 3 The Commission reviewed the proposed site plan. Leslie Folsom motioned to recommend approval of the Willow Creek Woodworks preliminary site plan. Greg Maeser seconded. All in favor, the motion carried. Burr Veterinary Site Plan: Jarin Hammer presented slides of the site plan, location and vicinity. The property is located on the west side of Ammon Road and south of the unimproved Briarcreek Lane in the Ratliff addition. Casey Dennert, 3025 Devonwood, of Benton Engineering presented the site plan for the developer. There is space and parking allotted for a second building or addition. The entrance to the site will be from Briarcreek Lane. The Commission reviewed the proposed site plan. Jarin Hammer motioned to recommend approval of the Burr Veterinary preliminary site plan as presented. Greg Maeser seconded. All in favor, the motion carried. Woodland Hills Division #6 Final Plat: Jarin Hammer presented slides of the platted location and vicinity. The property is located in the southeast comer of Woodland Hills. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the final for the developer. There have not been any changes from the preliminary plat. The rezone request heard previously in the meeting ensures the lots are completely within one zone. The Commission reviewed the plat. It was recommended that street names be changed for consistency through the development. Tristan John motioned to recommend approval as presented with appropriate street name changes. Greg Maeser seconded. All in favor, the motion carried. DISCUSSION ITEMS: The Commission was provided with Draft copies ofthe 17th Street Transition Development Plan and new index and Chapter 27 for insertion in their copies of Title 10. The meeting was adjourned at 11 :50 p.m. L Planning & Zoning 07/05/2006 - 4