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12/06/2006PZMinutesCITY OF AMMON PLANNING AND ZONING COMMISSION December 6, 2006 AMENDED AGENDA I.Pledge of Allegiance II.Minutes: October 4, 2006 III.Public Hearings: 1. (PH) Annexation w/initial RP zone, Cottonwood Hills # 2006-37 2. (PH) Annexation w/initial RP-A zone, Ted Peterson #2006-38 3. (PH) Annexation w/initial R-1 zone, LaSalle Group #2006-40 4. (PH) Title X, PUD Ordinance 2006-44 IV.Action Items ?Recommendation on Public Hearings ?Variance Request, T-Mobile #2006-39 ?Preliminary Plat, Quail Ridge, Divisions 9 and 10 V.Discussion Items ?Required Hearings VI.Reports ?City Council actions ?City of Idaho Falls Planning and Zoning actions – Cindy Donovan ?Bonneville County Planning and Zoning actions – Tom Hunsaker VII. Call for Adjournment: 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 Chairman Tom Hunsaker Robert Gustafson Rodney Allen Greg Maeser Steve Crandall Members Absent : Leslie Folsom Richard Jaussi City Officials Present : Ron Folsom, Planning Director Gay Leming, Deputy Clerk City Officials Absent : Bill Manwill, City Engineer Steve Crandall led the Pledge of Allegiance to the Flag. th MINUTES: October 4 – Tom Hunsaker mentioned on PH on rezone on 17 Street from R1 to CC1 that it be clarified. It was inquired as to why Doug Wilden is listed on the minutes. Cindy Donovan questioned the date in which Tristan gave his resignation. Ron Folsom said we would be assuming November would have been his last th meeting. Cindy Donovan questioned September 6’s minutes with no documentation/no action taken listed. Ron Planning & Zoning 12/6/2006 - 1 Folsom said he would inquire about it. Tom Hunsaker moved to approve October 4 minutes as amended. Bob Gustafson seconded. All in favor, motion passed. PUBLIC HEARINGS : 1. Annexation w/Initial RP zone, Cottonwood Hills #2006-37: Chairman Cindy Donovan went over the hearing st process for the constituents and advised the items discussed tonight will be heard at Council on December 21. Planning Director Ron Folsom advised where the property is located and that surrounding property is currently zoned RP. Alan Cunningham stated the purpose of this request is for a private pool/tennis court area. RP zone would allow for a swimming pool/tennis court year round. There was no further public input. The hearing was closed. Jarin Hammer made the motion to accept the annexation/initial zoning of RP for Cottonwood Hills. Greg Maeser seconded. All in favor, motion passed. 2. Annexation w/Initial RP-A zone, Ted Peterson #2006-38: Planning Director Ron Folsom stated the property is located on the West side of Crowley Road directly East of Mountain View Estates. It is where the Peterson Cabinet Shop is located. Alan Cunningham, 1020 Lincoln Road, stated they are looking to annex the piece of property with the same zoning, RP-A, as the current subdivision to the West. He stated he does not know what Mr. Peterson plans to do with the property. Alan stated it is about .7 of an acre. Ron Folsom mentioned the property is in the flood plain, but the building itself is high enough. Ted Petersen, 4355 Ileen Dr., stated the reason for the annexation is because he plans to apply for a building permit to be able to convert the shop into a home for him and his wife. They own the home immediately to the West, but would like to downsize. Tom Hunsaker stated the County ordinance vs. Ammon City’s policy on home occupation and questioned whether Mr. Peterson’s property was in compliance. Ted Peterson replied he is no longer in business, as he retired six years ago – it is strictly a residence. There was no further public input. The hearing was closed. Tom Hunsaker inquired about water/sewer delivery to this land. Ron Folsom stated there is a utility easement that they are working on with their neighbor. Greg Maeser made the motion to accept the annexation/initial RP-A zoning of Ted Peterson’s property as proposed. Steve Crandall seconded. All in favor, motion passed. 3. Annexation w/Initial R-1 zone, LaSalle Group #2006-40: Jarin Hammer abstained from this particular hearing. Planning Director Ron Folsom stated where the property is located and that it is compliant with the comprehensive plan. Alan Cunningham, 1020 Lincoln Road, stated this property has been requested as a R-1 zone, basic residential zone for the City of Ammon. They are only asking for annexation tonight, they have not come up with any layout at this point. The property has some frontage that fronts onto Ammon Road, the majority fronts along York Road. Cindy Donovan questioned how much is is the flood plain. Alan Cunningham replied that none is in the flood plain, based on the FEMA map. th Brent Johnson, 6030 S. 45 East, representing LaSalle/Rockwell Group stated this property would be a continuation of the Cortland Ridge and Woodland Hills area. He explained the average of 2.3 homes per acre. Mary Klingler, 1934 Tiffany Dr., stated she is the owner of the property right across from this particular property in question. She stated the schools are full now and inquired if any land has been dedicated on that property or someplace close. She inquired as to where the water will be coming from, is it a true water right, and whether Ammon has a well for this property. She also inquired as to what will be the impact of those people surrounding this property with their wells. She questioned whether a traffic study has been done. She stated she in neutral, but would like a plan to be in place. John Braebeck, 6147 S. Ammon Road, stated he has land near this property and he has covenants from the previous owner of his property and wondered if those covenants stay and if the new property owners will have the same covenants as he. He also inquired as to whether his ditch will be impacted. Ron Folsom stated that covenants are enforced by property owners, and that city and counties do not enforce covenants. Ester Allen, 5781 S. Ammon Road, read her concerns to the Commission. She requested to be notified of all decisions concerning this development, and how it might impact their property. She requested a “stub road” be put in near the rear of their property with utilities going to the Southeast corner of the property. She expressed her concern over pesticides and chemicals people use in the proposed subdivision will contaminate her drinking water Planning & Zoning 12/6/2006 - 2 and affect her septic drainage. She requested that the development company should compensate a way for them, to continue to have clean drinking water and a sewer system that continues to work efficiently, if it affects their way of life. She mentioned the option of hooking her up to community water as a possibility. She is concerned as to how big the lots will be and requested they be at least 1 acre. She would like to have at least a 100’ back yard to the home that would be directly behind her property. She requested a burm be put in with a fence on top of it, at the least. Jared Allen, 5781 S. Ammon Road, requested utilities be brought to the edge of the 7.8 acres and his 2.5 acres for potential development in the future. Ron Novich, 5977 S. Ammon Rd, stated he owns 13 acres and is neutral. He would like to know if R-1 zoning excludes apartments and townhouses. He stated there is a big difference between Woodland Hills and Cortland Ridge and would like to exactly what this new subdivision would entail. He requests a plan as to what and where everything is going in regard to his property. Cindy Donovan requested that we explain the zoning procedures. Tom Hunsaker explained the various options the City of Ammon offers in regards to the different zoning classifications. th Jared Finn, 4020 E. 65 South, would like to see larger lots like that in Woodland Hills rather than Cortland Ridge. He stated he is neutral but would like to see more as to the plans for the property. th Bob Daniels, 4047 E. 65 South, stated he was concerned about the size of the lots. He is concerned that the country atmosphere would be lost. He questioned as to whether a water study has been done. th Joan Daniels, 4047 E. 65 South, stated her concern was about flood plain. She would like some documentation that the property is indeed not in the flood plain. th Reed Norman, 4189 E. 65 South, inquired about taxes. He wants to know if it will affect their taxes. He inquired as to what law enforcement through Ammon city. He also inquired about traffic in that area and the lack of law enforcement. He inquired as to if there are any noise limitations, because he bails hay after dark. Reed stated the county requires a 100’ frontage and will that be met? th Dick Powell, 6571 S. 46 East, stated he is more concerned than neutral. He is mainly concerned about the county roads being inadequate. th Gale Powell, 6571 S. 46 East, inquired as to what covenants apply, and the minimum square footage for the homes being put in the subdivision. She would like lots larger than those in Woodland Hills. She also inquired about the school district’s overcrowding. She would like to know after the property is annexed in, who becomes responsible for the maintenance of the road. She would like to know if a community park will be available. She feels some consideration needs to the improvement of roads before the annexation takes place. She is not opposed to development, but opposed to this until she sees a plan. Ester Allen confirmed that Woodland Hills School is full at this time. Gale Powell agreed and wonders where they will put the extra families coming into the area. th Mont Jeffs, 3911 E. 65 South, stated his lot was taken from agricultural zoning. He shares concerns about the roadways. He believes R-1 is way too lenient for this proposal, he believes it should be RP or RP-A. He reiterated concerns about water issues. He stated his concerns about the roads and his children standing waiting to catch the bus. th Kenneth Clements, 3985 E. 65 South, stated he has plenty of animals on his property. He would like to see some kind of plan before annexation. th Jerry Gormley, 4011 E. 65 South, stated he has seen the area go from a “wagon trail” to an “L.A. commute”. He is very concerned about traffic and law enforcement issues on that stretch of road. Glenna Jorgensen, did not testify, but agrees with everyone and will not add anything else. Marvin Jorgensen, stated “ditto”. Bruce, stated he has the same concerns as they have been previously stated. Cindy Donovan explained what the Commission can and can not do. Ron Folsom stated District 93 is notified each time the City is presented with an annexation. The School District is addressing the issue. The water will be handled out of Well #10, as well as if the bond passes in February, the storage tanks on the hill. Alan Cunningham, 1020 Lincoln Road, offered the rebuttal. He stated there is an 8” line that would be stubbed in from the Woodland Hills area for the sewer purposes. The 8” line can serve 800 lots or units. He touched base on the road concerns. He explained the road improvements would come eventually. He realizes it may not satisfy everyone, but the need for road improvements is noted. They will not allow any attached dwelling in this subdivision. He stated in Cortland Ridge the average lot size is about .3 acre, in Woodland Hills it is about .4 to .5 of an acre. He believes the layout in Cortland Ridge is not under 90’ of frontage, in Woodland Hills they range from 110’ to 120’ of frontage. Alan stated they went with the general generic R-1 zone due to the city limitations of multiple zoned lots. Planning & Zoning 12/6/2006 - 3 Brent Johnson, stated they are in close contact with the schools as they sold them ground for the new school. The School District was asked if they would like the ground, but the district felt is was too close to Woodland Hills School. The district is in bond to build two more schools. Brent stated they have been working close with Ammon concerning parks. Everyone will be able to see the preliminary plat to see where everything is being placed. Ron Folsom stated the city does not actually notify the public concerning preliminary plats, as of now. However, the City would do that on behalf of the developer. Cindy Donovan closed the hearing. Tom Hunsaker addressed the questions by the public. Tom addressed the well situation with Well #10 and the reasons for the location due to water resources. He believes the well is over 1000’ and it should not affect the existing wells. Ron Folsom pointed out where the well is located. He addressed the traffic study issues and stated the he spoke with the City Engineer and the roads are no where near what they are rated for, they are way below the rate. The Commission will request they give 100’ right of way so the road can be expanded in the future. Tom addressed the water rights in Idaho. The water coming into someone’s land must be protected no matter what comes around them. The ditches must be protected. The stub road requested will be met for the Allen’s, and a bike path near the road. Tom Hunsaker remarked we need to have a traffic study looked into as requested. The minimum size the County will have is a 1 acre lot. He questioned whether we need to put that stipulation in tonight. The farming landfill issued is noted. Fences are not required, but usually are put on the property by the owner. Greg stated he would like to see the larger lot sizes. Cindy Donovan questioned Ron Folsom if we could put it in the recommendation. Yes. Tom Hunsaker motioned to approve the annexation of the LaSalle Group property with an initial zoning through the property of R-1, but with the following conditions and stipulations: 1. The City Engineer look into the need for a traffic study, per his recommendation, on York and Ammon Roads. 2. Road improvements be included in the development. 3. The impact of water systems to owners surrounding this development. 4. Lots adjacent to existing residents to be made larger so they are more consistent with the neighbors. Bob Gustafson seconded the motion. All in favor, motion passed. 4. Title X, PUD Ordinance #2006-44: Cindy Donovan stated the public hearing for this is scheduled for th December 7. Ron Folsom stated in Section 2 of the PUD in item D, it was added that residential lots that were approved on the PUD final plat as a home area must show on the PUD final plat with a maximum building envelope allowed for structure. Ron also stated on the last item they added a Section J, for concern of enforcement the following: Maintenance of common area agreed space and other PUD areas. This shall be responsibility of the designated homeowners association or PUD organization to maintain the common areas, green space areas, and other PUD maintained areas within all PUD developments. In the event said homeowners association or PUD organization or other responsible party fails to maintain said areas, the city may contract and/or do any necessary repair or maintenance. To allow for costs incurred by the city for said repair or maintenance, there shall be a charge of two times the invoice or billed amounts for said repair or maintenance. Such costs shall be assessed as a lien against all privately owned parcels within the PUD on the square footage basis against all individually owned property. Said lien may be collected separately from each property owner by the city and/or the same shall be attached to the real property tax roll assessment of each individually owned property. Ron Folsom explained to the public what was being done. Cindy Donovan requested a definition of what they consider “substantial” in the expiration of conditional use permit. Ron Folsom will add to the addition of the definition in the comprehensive plan. Tom Hunsaker explained the maximums allowed in the PUD. Tom Hunsaker added, in the case of private reservation, the property owners are responsible for the open space. However, they have to come before us for approval. Steve Crandall motioned to approve the PUD as stated. Rodney Allen seconded. All in favor, motion passed. ACTION ITEMS : Action Recommendation of Public Hearings: The Commission concluded a recommendation for a hearing on item #3, Annexation w/initial R-1 zone (LaSalle Group), be scheduled for January 4, 2007. Greg Maesar motioned to approve. Jarin Hammer seconded. All in favor, motion passed. Planning & Zoning 12/6/2006 - 4 Variance Request, T-Mobile #2006-39: Planning Director Ron Folsom stated this is same sort of request made by Verizon a couple of years ago. It was originally US Cellular and bought by Alltel. Jared White, representing T-Mobile, they are looking co-locate on the existing Alltel tower. They are proposing to co-locate with Alltel. They would enter into a sublease with Alltel on their third port. No additional ground space would be leased. It allows for expansion in the future. Jarin Hammer motioned for approval to accept variance. Bob Gustafson seconded. All in favor, motion passed. Preliminary Plat, Quail Ridge, Divisions 9 and 10: Planning Director Ron Folsom presented the location of the preliminary plat. th Kurt Rowland, 7103 S. 45 West, representing the developer. The property is already zoned RP. They will be putting in anywhere from .3 acre lots to .75 lots. Tom Hunsaker inquired about lots 1 and 22. They will be used for drainage. He also inquired about terrain issues. Rodney Allen motioned for approval of the preliminary plat for Quail Ridge. Bob Gustafson seconded. All in favor, motion passed. DISCUSSION ITEMS : Required Hearings: Ron Folsom suggested we start having a hearing for Preliminary Plats. Commission agreed and Ron will take it to the Council for approval and then implement it. REPORTS: City Council Actions ? City of Idaho Falls Planning and Zoning Actions ? Bonneville County Planning and Zoning actions ? The meeting was adjourned at 10:30 p.m. ________________________________________ Cindy Donovan, Chairman ___________________________________ Leslie Folsom, City Clerk Planning & Zoning 12/6/2006 - 5