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09052007PZMinutes CITY OF AMMON PLANNING AND ZONING COMMISSION MINUTES WEDNESDAY, SEPTEMBER 5, 2007 AGENDA I. Pledge of Allegiance: II. Minutes: August 1, 2007 III. Public Hearings: th 2007-027 Annexation w/initial AND Conditional Use Permit for Church - R-1 Zoning - 17 Street – LDS Church 2007-028 Rezone from R-1 w/PT-PB overlay to C-1 – 1710 Falcon Dr. – Copper Ridge Homes IV. Action Items: 1. Recommendation on Public Hearings 2. th Preliminary Plat on Division 1 and 2 – 17 Street Church Subdivision 3. th Replat of Division 1 and Final Plat including Division 2 – 17 Street Church Subdivision 4. Site Plan – 1710 Falcon 5. th Site Plan – Walgreens – Lot 2 – 3415 E 17 Street V. Discussion Items: 1. Action meeting on September 19, 2007. VI. Reports: 1. City Council actions 2. City of Idaho Falls Planning and Zoning actions – Cindy Donovan 3. 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 Tom Hunsaker Scott Wessel Richard Jaussi Robert Gustafson Members Absent : Jarin Hammer, Vice Chairman Quinn Simmons Greg Maeser City Officials Present : Ron Folsom, Planning Director Gay Leming, Deputy Clerk City Officials Absent : None Planning & Zoning 09/05/2007 - 1 Tom Hunsaker led the Pledge of Allegiance to the Flag. MINUTES: 8-1-2007: Tom Hunsaker motioned to approve the minutes from 8-1-2007. Scott Wessel seconded. All in favor, the motion passed. PUBLIC HEARINGS : Cindy Donovan read the rules for the public hearing process and explained that they need to sign the signup sheet located in the lobby, if they would like to speak at one of the public hearings. th 1. 2007-027 Annexation w/Initial and Conditional Use Permit for Church – R-1 Zoning – 17 St. LDS Church: Planning Director Ron Folsom explained where the property is located. He explained the R-1 zone is consistent with the property surrounding this property. Alan Cunningham, 1020 East Lincoln Road Idaho Falls, explained what the plans are for this property. Alan explained they are requesting an additional two acres because they anticipate putting a bigger building there. It is adjacent to the property and they are requesting it to be annexed and have a conditional use permit for it. Robert Gustafson inquired if that is the place with the mobile home on it. Alan stated it is. Scott Wessel inquired if is already a part of Ammon. Alan stated it is not and showed where the city limits are. Scott Wessel inquired if it is in the County. Alan explained it is. Cindy Donovan closed the public hearing after inquiring if there was any other input. Tom Hunsaker commented it will not hurt the land or traffic with more acres added on. Richard Jaussi agreed and feels it is a good fit. Robert Gustafson stated he sees no problems. Scott Wessel agreed. Robert Gustafson motioned to accept 2007-027 Annexation with Initial and Conditional Use Permit – R-1 th Zoning for the 17 Street LDS Church as presented. Richard Jaussi seconded. All in favor, the motion passed. A gentleman from the audience spoke up about when he could comment on the public hearing. Cindy Donovan explained we had already discussed the issue, and the public was given the opportunity to speak earlier. Tom Hunsaker commented that the issue will go to the Council in two weeks. 2. 2007-028 Rezone from R-1 w/PT-PB Overlay to C-1 – 1710 Falcon Drive – Copper Ridge Homes: Planning Director Ron Folsom explained where the property is located and explained they are asking for a C-1 zone. Eric Burke, Copper Ridge Homes, stated the reason for the request for the change in zoning was because they would like to use the property for a hair salon. They have a person, Debbie McCaulay, who is interested in using the property for a salon. A salon is considered a retail business, which is why they are requesting the C-1 th zone. They would like to convert the house into a salon. He explained the access would be from 17 Street and explained what the zoning was around the property. Planning Director Ron Folsom clarified that the property to the South is R-1 with PT-PB overlay and th converting to PB use is contingent upon access to 17 Street through this lot. The property owner to the south is aware of this condition. Ron had a conversation with him in relation to this requirement. Tom Hunsaker inquired if they have approached the neighbors to the immediate south. Eric Burke stated they have not as far as the commercial zoning. He stated they did speak to him earlier about the possibility of purchasing the land. Scott Wessel inquired about the easement and the PB for Lot A and B. Ron Folsom explained that is only contingent upon the development of Lot B. Scott Wessel inquired if they are in the position to offer access to the property owner of Lot B. Ron Folsom explained when they put this PB zone on this property; they specifically told the owners that they would have to negotiate the accesses. Ron Folsom stated those property owners are aware of what is going on. Scott Wessel inquired if the property owners had signed off on this overlay. Ron Folsom stated there was a Public Hearing and they were made aware. Scott Wessel stated the reason for asking is because you have essentially taken the value out of that lot. Eric Burke agreed. Scott Wessel stated if you grant access, you would lose four parking spaces. Eric Burke agreed. Scott Wessel inquired about the setback. Ron Folsom stated this building is grandfathered because of the footprint. Tom Hunsaker commented there is some confusion as to where the western boundary is according to the map. Ron Folsom explained where it is. th Debbie McCaulay, 5333 S. 45 East, stated she is excited to put a salon there and run her own business. Cindy Donovan inquired about the 5-6 stylists and if they would be working at the same time. Debbie McCaulay stated everyone will have their own schedule, so generally not all will be there at the same time. Cindy Donovan Planning & Zoning 09/05/2007 - 2 inquired about the traffic that may be generated. Debbie McCaulay stated she would estimate about 1 car every 30 minutes or so. Scott Wessel inquired if that means 1 person in the chair and 1 waiting. Debbie McCaulay stated it is a possibility. Scott Wessel stated he is asking because it affects the parking issue. Ron Folsom stated they have enough parking. He believes they needed 10, but they had extra. Cindy Donovan inquired what the hours of operation would be. Debbie explained everyone would have different hours, but basically Monday through Saturday, 9 – 5 usually. Cindy Donovan closed the public hearing after asking for any other input. Robert Gustafson inquired to Ron about a left turn being tough out of that area. Ron Folsom stated it would be a difficult left turn. He stated they have discussed it and we can require a right-turn only there. Robert Gustafson inquired about the basement office space. Ron Folsom explained it will be used for office space, and it will be compliant. It was discussed one exit from the basement is required, but there will be two. Richard Jaussi commented he feels this is okay to do. He feels the PB overlay didn’t fit there, and there is commercial already on two sides of it. Tom Hunsaker commented he first thought this to be too intense, but he thought of Eastgate Drug and that seemed to work well and feels this is a lot like that. His other concern is the neighbors to the South, but he didn’t see anyone here to comment. A lady in the audience commented that she is a neighbor to the South. Cindy Donovan explained the public hearing was already closed and they should have turned in the sheet to comment. Tom Hunsaker commented that the C-1 makes sense. Cindy Donovan is concerned about this being the first time doing a transitional zone. She expected to see more people here. Richard Jaussi commented he felt the same, but he also felt Falcon was a break. He would not like to see any C-1 east of Falcon. Richard Jaussi motioned to accept the Rezone from R-1 with PT/PB overlay to C-1 for 1710 Falcon Drive, Copper Ridge Homes as presented. Robert Gustafson seconded. Four in favor, one against. Cindy Donovan stated th she is against acceptance because of the concerns for the precedence it would set for homes along 17 Street in PT- PB to go to C-1. She stated she would strongly oppose any further rezone to C-1 of the properties within the PT-PB overlay. ACTION ITEMS: A. Recommendation on Public Hearings: Tom Hunsaker recommended that there is no need for a second public hearing on either issue, but suggests Council possibly open the issues up for public comment in two weeks. Tom Hunsaker motioned to recommend to City Council that no Public Hearing is needed for 2007-027, but open it for public comment. Richard Jaussi seconded. All in favor, the motion passed. Tom Hunsaker motioned to recommend to City Council that no Public Hearing is needed for 2007-028. Robert Gustafson seconded. All in favor, the motion passed. th B. Preliminary Plat on Division 1 and 2 – 17 Street Church Subdivision: Planning Director Ron Folsom explained where the property is located. He explained Alan Cunningham is here for any clarification, if needed. th Robert Gustafson motioned to accept the Preliminary Plat on Division 1 and 2 for 17 Street Church Subdivision. Richard Jaussi seconded. All in favor, the motion passed. th C. Replat of Division 1 and Final Plat including Division 2 – 17 Street Church Subdivision: Richard Jaussi th motioned to accept the Replat of Division 1 and Final Plat including Division 2 of the 17 Street Church Subdivision. Robert Gustafson seconded. All in favor, the motion passed. D. Site Plan – 1710 Falcon: Planning Director Ron Folsom explained where the property is located. He explained there really aren’t any changes. He explained there is more landscaping than was originally planned. It has wider access points and meets the parking requirements. Eric Burke, Copper Ridge Homes, commented they have a large handicapped spot and it was discussed if they could add a couple parking spots by changing the way the handicapped space is lined up. Ron Folsom commented the fire department may have issue with the way they plan it. Scott Wessel inquired about the property to the south, and wondered if we should require a bigger buffer between the two lots, since the other lot will stay residential. Eric Burke commented that Scott brought up a point, with those parking spots; part of the intent was to allow for the property owner to have access or to purchase the property and open it up with office space and more parking possibly. Tom Hunsaker commented about the parking spaces and the triangles. He commented there is an ordinance about how many feet are required, when parking is next to a residential area. Scott Boling, Copper Ridge Planning & Zoning 09/05/2007 - 3 Homes, stated on the site plan where they intersect the residential behind them, on the other side of where the parking is there is a building, so you wouldn’t go through the fence and hit someone. He explained there is a garage there. Tom Hunsaker read part of the ordinance regarding parking adjacent to residential areas. Tom Hunsaker commented about the difficulty of making a left turn out of the parking lot. Cindy Donovan agreed. Ron Folsom commented there is a right turn only sign by Petsmart in Idaho Falls, but it is not enforced. It was discussed for safety’s sake there should be a right turn only sign at this property. Scott Wessel inquired about a possible burm to deter left turns there. Cindy Donovan commented unless you put a four foot high concrete wall, enforcement will be an issue. Ron Folsom commented that a few years ago 65% of the accidents in Ammon in 2005 were at the th intersection of Falcon and 17, which is right next to this property. Richard Jaussi motioned to accept the site plan for 1710 Falcon as presented, with the added requirement to th place a sign for right turn only onto 17 Street. Robert Gustafson seconded. All in favor, the motion passed. th E. Site Plan – Walgreens – Lot 2 – 3415 E. 17 St.: Planning Director Ron Folsom explained where the property is located. He explained the access will not change and the parking is more than adequate. Mike Bischoff, Benton Engineering 1488 N 75 E Shelley, stated Dean Mortimer owns this property and explained his plans for the property. He feels it will be a nice addition and a great addition to Ammon. Cindy Donovan inquired how the parking lot will be marked adjacent to an interior island of green space so that people will know where to go. She explained an example in Idaho Falls and inquired if it will be similar to what is near Pier 1. She is concerned this property will be like that. Ron Folsom commented that he thought the same thing. He explained how it is different than the one she is talking about. Cindy Donovan stated she would like to see some arrows directing people which way they are supposed to go. Tom Hunsaker inquired if it will be a drainage area. Mike explained it will take on some drainage. Tom Hunsaker commented that the parking is set up so people can enter the buildings from both sides. Mike explained part of it is meant for employee parking. th Scott Wessel motioned to approve the site plan for Walgreen’s Lot 2 at 3415 E. 17 Street as presented. Robert Gustafson seconded. All in favor, the motion passed. . DISCUSSION ITEMS: A. Action meeting on September 19, 2007: Planning Director Ron Folsom explained we have an issue where there is a variance request, which is very important, so we are setting up an action meeting. He explained he mailed letters to the adjoining property owners. He explained there is gentleman in Woodland Hills that is building, and explained Woodland Hills is split into two zones. This gentleman had brought a site plan in through ABS Drafting and they put on the permit the side yards for an RP-A lot. Ron Folsom stated he looked at this one; it should have been a RP zone with a 20 foot side yard. The site plan and the building permit were approved. When the gentleman went to excavate, a neighbor was concerned about the foundation being too close to his yard. Ron and Charlie went out and measured and it is exactly what the plans said, with an 11 foot side yard, not a 20 foot side yard. The request is coming from the property owner, but staff will give a letter saying they approve also, due to the mishap. The only course of action is to request a variance. The property owner that is adjacent to them has a 25’ side yard so there is actually 36 feet between the two residential structures, so there is really a difference of 4 feet from what could normally be allowed, but 9 feet is on one side. Scott Wessel inquired if the neighbor is upset. Ron explained they are not happy. The foundation is already in, and it would be costly to remove the foundation. Scott Wessel inquired if the City has an error and omission policy. Ron stated we do. Scott commented depending on the cost to take out the foundation, we should look into having him take it out. Tom Hunsaker inquired if this property is adjacent to RP-A zones. It was discussed it is not. The commission looked at the map to see how close the RP-A zone is to this particular property. Cindy Donovan inquired if we will treat it like a public hearing, where people can give their input. Ron stated it will be treated exactly like a public hearing, as far as the office handling. That will be the only item on the agenda on that day. Ron Folsom commented that Jarin Hammer will be turning in his resignation at the end of October. REPORTS: A. City Council actions: Ron Folsom stated we did adopt a crosswalk standard for the City. He explained what the standard entails. He explained there were grants given for three of the crosswalks, but it also increased the cost of each crosswalk. He explained the school district is now on board with the crosswalk standard. Planning & Zoning 09/05/2007 - 4 He explained that all buildings in the City of Ammon have to pay a water meter deposit, and they are looking into software for reading the meters electronically. He explained Council discussed having schools not pay the water meter based sewer rate from the end of May to the end of August. He mentioned that the Council recognized Bill Manwill for his efforts to the City of Ammon. He stated they talked about the sewer line from Ammon to Shelley and the Swales in the Cottages. He stated they also talked about the possibility of the Fire Department extending their parking lot. He spoke about the discussion of water rights. He explained they talked about the issue of tax appraisals with Bonneville County and levy rates and what the County shows to the residents of the area. B. City of Idaho Falls Planning and Zoning actions: No report. C. Bonneville County Planning and Zoning actions: No report. The meeting was adjourned at 9:00 p.m. ________________________________________ Cindy Donovan, Chairman ___________________________________ Leslie Folsom, City Clerk Planning & Zoning 09/05/2007 - 5