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Planning Minutes 06/07/2006 CITY OF AMMON PLANNING AND ZONING COMMISSION June 7, 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 Steve Crandall Richard Jaussi Leslie Folsom Tristan John Doug Willden Greg Maeser Members Absent: Jarin Hammer, Vice Chair City Officials Present: Ron Folsom, Planning Director Gay Leming, Deputy Clerk City Officials Absent: Bruce Rose, City Administrator Bill Manwill, City Engineer Greg Maeser led the Pledge of Allegiance to the Flag. Minutes May 3, 2006: Bob Gustafson motioned to approve the May 3, 2006, minutes with corrections noted. Richard Jaussi seconded. All in favor, the motion carried. ACTION ITEMS: Cortland Ridl!e Diyision #4 Final Plat: City Planning Director Ron Folsom presented slides of the proposed Final Plat, location and vicinity. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the plat for the developer. There are not any changes from the previously approved preliminary plat. Greg Maeser motioned to recommend approval of the Cortland Ridge Division #4 Final Plat as presented. Leslie Folsom seconded. All in favor, the motion carried. Preliminary Site Plan - Dentist Office, East 17th: City Planning Director Ron Folsom presented slides of the proposed preliminary site plan, location and vicinity. The property is located just west of Wally's Auto Repair in front ofK-Mart. The Commission reviewed the site plan. The site plan meets zoning requirements and, the number of parking spaces provided exceeds code requirement. Tom Hunsaker motioned to approve the dentist office preliminary site plan as presented. Bob Gustafson seconded. All in favor, the motion carried. Side Yard Setback Variance Request - 5020 Brennan Bend: City Planning Director Ron Folsom presented slides of the property and partially erected structure, zoning and vicinity. Jason Lance, 5020 Brennan Bend, addressed the Council, requesting the variance. Mr. Lance began constructing an accessory building in the side yard of his property. A building inspector contacted Mr. Lance as Planning & Zoning 06/07/2006 - 1 there was not a building permit issued for the structure, which appeared to exceed the 120 square foot maximum. Site plan review revealed that the current location of the building is not in compliance with the zone. The Commission reviewed the request and the requirements for granting a variance. Doug Willden motioned to recommend denial of the variance request as it does not meet the criteria for granting of a variance. Richard Jaussi seconded. All in favor, the motion carried. Greg Maeser motioned that although the Commission cannot legally allow the variance if there was a way it wouldn't be a problem. Eight for, Cindy Donovan opposed, Tom Hunsaker abstained. The motion carried. Cottonwood Hills Estates Division #3 Final Plat: City Planning Director Ron Folsom presented slides of the proposed Final Plat, location and vicinity. The property is located east of Crowley Road (45th East), north of Majestic View Drive and, south of 21st South. Greg Maeser and Steve Crandall stepped down from the Commission for this item due to potential conflict of interest. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the plat for the developer. The Commission discussed the proposed Final Plat. Leslie Folsom motioned to recommend the Council deny the Cottonwood Hills Estates Division #3 Final Plat as there is no road exiting the division to the north, leaving only one street accessing the development. Rodney Allen seconded. All in favor, the motion carried. Burr Subdivision Division #1 Preliminarv and Final Plat: City Planning Director Ron Folsom presented slides of the proposed Preliminary/Final Plat, location and vicinity. The property is located west of Ammon Road, south of the Briarcreek and north of 17th Street in the Ratliff addition to the City. Casey Dennert of Benton Engineering presented the proposed Preliminary/Final Plat for the developer. The plat consists of one parcel bordering Ammon Road and undeveloped Briarcreek Lane. The planned use for the property is a small animal veterinary clinic. The Commission discussed the proposed preliminary/final plat. Richard Jaussi motioned to recommend approval the Burr Division #1 Preliminary Plat as presented. Doug Willden seconded. All in favor, the motion carried. Richard Jaussi motioned to recommend approval the Burr Division #1 Final Plat as presented. Doug Willden seconded. All in favor, the motion carried. PUBLIC HEARINGS: Woodbury Annexation with Initial Zoninl! ofHC-l - 7Acres: Notice of the Hearing was published in the Post Register on Mayl8 and May 25, 2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet ofthe subject property and, to other parties of interest. The legal description of the property is: Part of the NW Yt of Section 34, Township 2 North, Range 38 East, B.M., Bonneville County, Idaho described as: Beginning at a point which is on the East-West center section line being SOoo52' 13"E 2708.87 feet and S89008'47"E 1311.55 feet from the NW comer of said Section 34 running thence NOlo04'28"W 1377.10 feet; thence S88037'06"E 221.78 feet to the West line of Felt & Waite Addition; thence along Felt & Waite Addition, Stonehaven Division No. 5 and Stonehaven Division No.6, respectively, SOlo04'28"E 1373.31 feet to the North line of Suburban Acres; thence along said North line N89013'06"W 214.07 feet to the NW comer of Suburban Acres; thence along the West line of Suburban Acres SOlo41'06"E 1.48 feet to the East-West center section line; thence along said center line N89008'47"W 7.64 feet to the POINT OF BEGINNING. Parcel contains 6.99 acres. Subject to: Existing irrigation ditches crossing said property. Reserving: A 30 foot easement for a future road along the North side of the above described property Cindy Donovan, Commission Chairperson, explained the hearing process and called the hearing to order. City Planning Director Ron Folsom presented slides of the requested Annexation, location and vicinity. The property is located west of the Felt-Waite Addition and east of the previous Woodbury Addition to the City. Scott Bishop, 6688 Beuscia Drive, Salt Lake City, of the Woodbury Corporation, presented the request for the developer. Annexation of this property will complete the annexation of the former Judy farm and will be included in the development plans with the previous HC-l annexations. There was not any testimony opposed to the requested annexation. Chairman Donovan closed the public hearing. Planning & Zoning 06/07/2006 - 2 Rodney Allen motioned to recommend approval with the understanding that the buffer agreed upon when the north end of the property was annexed will carry to this annexation. Leslie Folsom seconded. All in favor, the motion carried. Conditional Use, Church in an RP-A Zone (Bridl!ewater Division #1): Notice of the Hearing was published in the Post Register on Mayl8 and May 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 property is located on the west side of Ammon Road, on the north side of Greenwillow Lane in Bridgewater Division # I. Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. City Planning Director Ron Folsom presented slides of the platted location and vicinity. Terry Bradshaw, 7770 Makayla Drive, Nampa, Idaho, presented the request for the LDS Church. Due to growth in the community church officials have determined that a meeting house will be needed in this location. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, represented the developer, testifying in favor of the requested conditional use permit. There was not any testimony opposed to the requested conditional use permit. Chairman Donovan closed the public hearing. Tom Hunsaker motioned to recommend approval of the Conditional Use Permit for an LDS Church in an RP-A Zone, Bridgewater Division #1, as presented. Tristan John seconded. All in favor, the motion carried. ACTION ITEM: Bridl!ewater LDS Church - Site Plan: City Planning Director Ron Folsom presented slides of the proposed preliminary site plan, location and vicinity. The property is located on the west side of Ammon Road, on the north side of Greenwillow Lane in Bridgewater Division # 1. Terry Bradshaw, 7770 Makalya Drive, Nampa, Idaho, presented the site plan for the LDS Church. The parking are has been enlarged from previous site plans. Increasing the parking to 258 stalls. Steve Crandall motioned to recommend approval of the Bridgewater LDS Church preliminary site plan as presented. Greg Maeser seconded. All in favor, the motion carried. PUBLIC HEARINGS: Chichinskv Request for Rezone R-2 to C-l: Removed from agenda by applicant. Conditional Use - Montessori School in a GC-l? Zone: Notice of the Hearing was published in the Post Register on Mayl8 and May 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 Lot 1, Block 1, Anderson Lumber Division # 1 amended. Cindy Donovan, Commission Chairperson, explained the hearing process and opened the public hearing. City Planning Director Ron Folsom presented slides of the platted location and vicinity. The proposed location is 1619 and 1675 Curlew, at the northeast comer of the intersection of Curlew and 17th Street. Laurie Roth, 4343 Amber Lane, Ammon, the operator of Lighthouse Montessori School testified that they expect about 35 students the first year. The school will be operated in conjunction with the children's center and will share their facilities. The administration's first choice is for busing. The bus will only take 15 students at a time. Matthew Smith, 1675 Curlew Drive, Director of the Children's Center testified in favor of the conditional use permit. The addition of the school provides essential services to the Children's Center. With the new building there will be 39 parking spaces to be occupied by staff with a total of60 parking spots. Rod & Lara Rooney, 4390 Amber Lane, testified in favor of the conditional use permit. They have known the applicant for five years and feel she will do a great job with this school. The school will also work with handicapped children. Caisa Call, 585 Crimson, Idaho Falls, testified in favor of the conditional use permit. Ms. Call is a teacher with the school and wants to keep teaching there. Emily Imberi, 500 Davidson Drive, Idaho Falls, testified in favor the conditional use. Ms. Imberi is a parent of a child in the school. She believes that this school has helped her child greatly and will help many others. Planning & Zoning 06/07/2006 - 3 Matthew Smith, 1675 Curlew Drive, Director of the Children's Center testified in favor of the conditional use permit. Mr. Smith stated that the program is very effective for handicapped children. Lara Rooney, 4390 Amber Lane, testified in favor of the conditional use permit. Ms. Rooney stated that her child has retained love of learning following being moved into this school. This is a school for special needs kids. There was no testimony opposed to the requested conditional use permit. Chairman Donovan closed the public hearing Tom Hunsaker motioned to recommend approval of conditional use permit as presented with the stipulation that it is only for the life of this school, a three year review will be required and there is a cap of 150 students. Doug Willden seconded. All in favor, the motion carried. Rezone Request I&Ml to CC-l - Libertv Park: Notice of the Hearing was published in the Post Register on May18 and May 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 Beginning at a point that is S.00006'55''E. along the Section line 412.00 feet from the Northwest comer of Section 15, Township 2 North, Range 38 Eat of the Boise Meridian; running thence S.89052' 18"E. 302.00 feet; thence N.00007'42''E. 140.50 feet; thence S.89052'18"E. 1102.17 feet; thence S.00007'42''W. 340.50 feet; thence N.89052'18"W. 1403.32 feet to the West line of said Section 15; thence N.00006'55''W. 200.00 feet to the POINT OF BEGINNING. 10.0 Acres SUBJECT TO: existing county road right-of-way and easements of record. Cindy Donovan, Commission Chairperson, explained the hearing process and opened the hearing. City Planning Director Ron Folsom presented slides of the location and vicinity. The property is located along Hitt Road at the northern edge of the Lincoln Industrial Park, south of the Lincoln Cemetery and north of Majestic Auto Body. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the rezone request for the developer. The request is for more restrictive zoning to limit the types of businesses that can operate in the proposed commercial park. Steven Lovell, Lincoln Cemetery Director, testified that the cemetery board plans on exercising imminent domain to take part of this property for expansion of the cemetery. There was not any other public testimony regarding the rezone. Chairman Donovan closed the public hearing. Tristan John motioned to recommend approval of the requested rezone. Bob Gustafson seconded. Eight in favor, Richard Jaussi abstained as he was gone from the room during most of the hearing. The motion carried. Comprehensive Plan Map Chanl!es: Notice of the Hearing was published in the Post Register on May18 and May 25, 2006. Cindy Donovan, Commission Chairperson, explained the hearing process and opened the hearing.. City Planning Director Ron Folsom presented the proposed changes to the Comprehensive Plan Map. Kim Hall, 3585 East 17th, testified he is opposed to allowing commercial development on the south side of 17th from his home, unless property on the north side is also opened to commercial development.. Gary Sant, 3065 Marlene, testified he is opposed to commercial development north of his home on the south side of 17th Street. Mr. Sant stated "don't bail out some-bodies bad investment" Mike Neff, 3852 East 17th Street, asked how a strip of commercial can fit on that block of 17th ifhigh density didn't? He feels that 17th can stay four lanes if residential but will cause five lane if commercial. Leslie Grigg, 3623 East 17th, testified he is agrees with Mr. Hall and Mr. Sant that the property should stay residential. Kris Egan, 3890 East 17th, testified he also feels the property along the south side of 17th Street should remain residential. LeMoyne Johnston, 3799 East 17th, testified his opposed to commercial development next to his home. Lorainne Sant, 3665 Marlene, testified she wants the property to remain residential. Dana Russell, 1730 Falcon, asked if the property has to be commercial? If the people don't want it to be commercial they could get out their checkbooks and buy the property. Bruce Cook, 1710 Falcon Drive, recommended that people sell their homes and get off of 17th Street. There was no further public testimony. Chairman Donovan closed the public hearing. Planning & Zoning 06/07/2006 - 4 Richard Jaussi motioned to recommend approval of the map as presented with the exception ofthe property on the south side of 17th Street, east of the Cellar remain unchanged. Greg Maeser seconded. All in favor, the motion carried. Title 10 -- Planned Transition Overlay Chapter and Chapter 27 Amendments: Notice ofthe Hearing was published in the Post Register on May18 and May 25,2006. Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. City Planning Director Ron Folsom presented the proposed zoning overlay chapter and recommended changes to Chapter 27. There was not any public testimony given. Chairman Donovan closed the public hearing. Leslie Folsom motioned to approve as presented. Tristan John seconded. All in favor, the motion carried. 17th Street Planned Transition Overlay with PB Underlyinl! Zoninl!: Notice of the Hearing was published in the Post Register on May18 and May 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. Cindy Donovan, Commission Chairperson, explained the hearing process and swore in those individuals desiring to testify. City Planning Director Ron Folsom presented slides of the lots included in the request and vicinity. The properties for which the Planned Transition Overlay with PB Underlying Zoning is request are 1710 and 1730 Falcon Drive and 2651 through 2940 East 17th Street which are zoned R-l at the present time. The plan would require that pairs of the neighboring properties would need to be purchased for, combined and appropriate development plans approved prior to the zone change taking effect. Bruce Cook, 1710 Falcon Drive, testified he is in favor of the planned transition. The change is needed so they can sell and move off of 17th Street. Dana Russell, 1730 Falcon, testified she is in favor of the planned transition. The change is needed so they can sell and move off of 17th Street. Nolan Gettsinger, 2840 East 17th, testified he is in favor of the planned transition. As it is now the residential property value is extremely low. Jayson Jensen, 2760 East 17th, testified he is in favor of the planned transition. Mr. Jayson asked what happens if they want to sell their property by itself. Michael Neff, 3852 East 17th Street, asked what PB Zoning allowed. The Commission explained that only professional offices are allowed. Ron Longmore, 1770 Falcon, testified that he is neutral regarding the overlay. Mr. Longmore asked what will happen with the park, and if people can get to the office buildings from Falcon. The Commission explained that there will be no access to the business buildings from Falcon and, that the Park will remain a park. There was not any testimony opposing the proposed planned transition zone. Chairman Donovan closed the public hearing. Leslie Folsom motioned to recommend approval of the overlay, and in the future see iflots 3 and 18 on Curlew Drive might join with the group. Bob Gustafson seconded. All in favor, the motion carried. ACTION ITEM: Liberty Park Preliminary & Final Plat: City Planning Director Ron Folsom presented slides ofthe proposed Preliminary/Final Plat, location and vicinity. The property is located on the east side ofHitt Road, north of Majestic Auto Body and south of the Lincoln Cemetery. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the plats for the developer. Their plan is for a small retail business center. There will one entrance off ofHitt Road, there are currently two. Common area/parking agreements will apply to all businesses in the park. Steve Crandall motioned to recommend approval of the Liberty Park preliminary plat as presented. Greg Maeser seconded. Nine in favor, one opposed. Tom Hunsaker voted against as he feels street alignment needs to be addressed. Planning & Zoning 06/07/2006 - 5 Tom Hunsaker motioned to recommend approval of the Liberty Park Final Plat contingent upon review by City Engineer Bill Manwill regarding safety issues with accesses as shown. Greg Maeser seconded. All in favor, the motion carried. Libertv Park Preliminarv Site Plan Lots 2 throul!h 5: City Planning Director Ron Folsom presented slides of the proposed Preliminary/Final Plat, location and vicinity. The property is located on the east side ofHitt Road, north of Majestic Auto Body and south of the Lincoln Cemetery. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the rezone request for the developer. Their plan is for a small retail business center. There will one entrance off of Hitt Road, there are currently two. Common area/parking agreements will apply to all businesses in the park. The Commission reviewed and discussed the proposed site plan. Doug Willden motioned to recommend approval as presented. Richard Jaussi seconded. Nine in favor, one opposed. Cindy Donovan voted against as she feels there should be a dedicated roadway through the development. DISCUSSION ITEMS: None The meeting was adjourned at 11 :50 p.m. c~~ ~~~4~ . Gempler, City Tr$surer --- Planning & Zoning 06/07/2006 - 6