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09042013 P&ZMinutes CITY OF AMMON PLANNING AND ZONING COMMISSION MINUTES SEPTEMBER 4, 2013 AGENDA: CITY OF AMMON PLANNING AND ZONING COMMISSION September 4, 2013 CALL TO ORDER: Chairman Scott Wessel Pledge of Allegiance: Steve Richards MINUTES: NONE PUBLIC HEARINGS: 2013-013 Conditional Use Permit Request – 2686 Bungalow Dr – Operation of Pool House and tennis courts ACTION ITEMS: Recommendation on additional public hearing for hearing 2013-013 DISCUSSION ITEMS: 1. General 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 Call for Adjournment: MINUTES Members Present: Scott Wessel, Chairman Tom Hunsaker Cindy Donovan Josh Cunnigham Rob Jagielski Robert Taylor Steve Richards City Officials Present: Ron Folsom. Planning Director Lance Bates, Engineer Gay Leming, Deputy Clerk Members Absent: Rick Butler Greg Maeser The meeting was called to order by Chairman Scott Wessel at 7:00 p.m. in the City Building CALL TO ORDER: at 2135 South Ammon Road. Ammon, Idaho. Steve Richards led the Pledge of Allegiance. MINUTES: None PUBLIC HEARINGS: 2013-013 Conditional Use Permit Request – 2686 Bungalow Dr – Operation of Pool House and tennis courts: Commissioner Scott Wessel read the public hearing requirements and opened the public hearing. Ron explained the request and where the property is located. Colter Hansen 2438 Stafford Drive said he has made changes to the proposal. This is in regard to the Turtle Bay Clubhouse. Memberships shall be limited to residents or property owners within the Cottages Subdivision only. The proposed operating hours are still the same. Guests shall still be accompanied by a member at all times. They still want to offer swimming lessons, tennis lesson and fitness classes. If guests take these lessons they will only be allowed to if they are accompanied by a member. They added no parking 14 Planning and Zoning Minutes 09.04.2013 Page of would be allowed on the public streets adjacent to the facility, and the City would post no parking signs and enforce the same. They also would like the CUP (Conditional Use Permit) to remain in effect with a three year limit and to renew automatically unless there are complaints; and only the complaints would be reviewed, not the entire conditional use permit. Colter would like to reopen the pool in order to take away the eye sore and the vandalism. They don’t want it as a commercial venture, but for family friends and neighbors. He stated it will give the youth a chance to participate in positive activities. He would like to limit the parking to ten cars in the lot at any one time. It will be established with members that at no time can they park on the street nor in front of neighbors’ homes. There will be parties for members allowed, but with a limit of two per month or 26 per year. He doesn’t want to have to come back yearly to renew the CUP because the people that have invested into it will feel a threat each year of losing the permit. The property has gone through foreclosure and any investor that originally bought into the pool lost the investment. Paige Hansen, 2438 Stafford said she is in support of the clubhouse, and any concerns that Planning and Zoning may have with parking will be addressed. Katie Ellis, 5161 Tildy Lane, whose back yard faces the facility, said now that the memberships will be just for the citizens of the Cottages, she no longer is neutral but is totally in favor of the proposal and thinks that it would greatly assist the area. This would keep the property looking nice instead of having an abandoned building. Ryan Westergard, 5123 Tildy Lane lives two houses south of the pool and said his main concern is the parking. Because of where he lives, he doesn’t want to come after work and have people parked in front of his house. Other than the parking he feels that it will improve the neighborhood. Fawn Zirker, 5073 Tildy Lane is in favor in of this and with allowing people to park within the boundary of the property, and on the street adjacent to the property just like anywhere else. Shelia Murdock, 5261 Tildy Lane said it would be a great asset to the community. The concerns she believes come from the previous people that had bought in and lost their money. Becky Foster, 2908 Stafford said she was here when the pool was first open, but if they allow 200 people to join, this is more of a business venture than a community amenity. The parking, the number of members, the number of guests accompanying a member (particularly when all are teenagers), and the hours that is open are all major concerns. Emily Andrews, 2895 Bungalow said parking, and the hours (a 10:00 PM closing time would be better) are her issue. Lori Sorensen, 2892 Bungalow said parking is an issue. They did not buy in the Cottages to live by a health club. She feels it will bring strangers to the area, and it feels like a business. That corner is currently being used as a school bus stop. The owners say that people can walk to the clubhouse, but currently everyone in the neighborhood drives to the church around the corner, so she doesn’t believe that they will walk to the clubhouse either. John Baker, 2563 Bungalow Dr. lives in the cul-de-sac next to the pool. Parking would be an issue, and he doesn’t want people always parking in front of his house. He would also like to a see a one year renewal in case of any problems. Jeff Bone, 2286 Stafford Drive said he lives by the church and the adjacent school, and thought living next to them would be great, but the traffic has proven to be horrendous, and he is concerned with the clubhouse facing the same thing. He is also concerned by guests, and would like the owners to define what is a guest, and how many will be allowed. Jason Swafford, 2720 Bungalow lives right next door. This should have worked the first time if it was going to work at all. He believes for traffic generation, neighborhood child safety, and convenience of access reasons, this is in a bad location within the neighborhood. The language that Mr. Hansen is using is very vague and expresses what he would like, but with no specifics (such as would be provided on a site plan) it is not what he will do and this is unacceptable. He doesn’t like the hours because a recent private party held by the Hansen’s generated a lot of noise and he doesn’t want to hear that much noise that late into the night. He also doesn’t want people parking in front of the mail boxes, because the post office won’t make any deliveries when cars are parked in the way. Justin Johnson, 2621 Bungalow Drive said he doesn’t want to have to have commercial in a residential area. There is no stop sign on this corner and it is a through street. There is no one to police the property to insure that there is no loud noise, and that it is only being use within the time limits. He feels that there will be issues with the trash that will be floating around from outdoor users of the facility. 24 Planning and Zoning Minutes 09.04.2013 Page of Kris Carlquist, 2581 Bungalow said traffic is very much a concern. When it was open before, whenever parties were held at the club house, the cul-de-sac was filled with cars, and it was noisy. Parking is a real concern. Swim lesson are very much a concern. What defines a guest for swim lessons? If the instructor is a member, can the students consist of 20 guests? If guests are allowed to come and take swim lesson this puts more traffic in the neighborhood. This makes this a commercial property within a neighborhood. He feels that the CUP should be addressed at the least once a year. Jason Enger, 2814 Stafford said he is concerned with the number of guests, and while occasional parties could work, being able to have parties twice a month it will put people always in front of his house. He feels that they should limit the numbers of guest that are allowed at anyone party. If there were to be swimming lessons they should be only allowed for the people in the Cottages. Mark Wilkey, 2658 Stafford, is opposed completely. It is the wrong use in the wrong place. It is a commercial operation and does not belong in a residential neighborhood. It did not work the first time, and he doesn’t believe that it will work this time. Having the noise seven days a week from 5 a.m. to 11 p.m. doesn’t really work for him as he lives right next door. He feels that property values in the neighborhood would go down. Colter Hansen, 2438 Stafford said that fire regulations will be complied with, and he will monitor how many people are there. There will not be 200 members. We don’t want 100 people in that facility, and a crowded facility is its own disincentive for more people to show up. A guest is someone you would invite to your home, and 20 guests for one member won’t be allowed for either swim lessons or working out. He also would prefer fines over jeopardizing the existence of the entire facility. Rules and bylaws will be established. The Tennis Court is accessible on the property and no one should be walking across the adjoining property to access it. He will close off the direct access to the adjoining property. The have just finished correcting the ventilation system, because open windows provided neither appropriate air flow nor noise control. Commissioner Scott Wessel closed the public hearing Commissioner Rob Jagielski thought this would not be a good idea. A private pool in another neighborhood has proven to be a headache to the home owners association, but this is not a City concern. Commissioner Josh Cunningham felt with no universal membership in the club house by all neighborhood residents such as would be provided by a home owners association, this crossed the line from residential to commercial use. He said it definitely would be used, but he foresaw serious parking issues, and it was in the wrong location. Commissioner Tom Hunsaker said the parking is a real issue. Possibly they could put in a fence to protect the property around it. If this is approved we will need to set down specific rules and no wishy washy generalities will do. Commissioner Robert Taylor said there was a need for definite rules, but the City should not have to make the rules for Mr. Hansen. Commissioner Steve Richards didn’t think that it was compatible with the neighborhood. There are too many unknowns. He believed that this is commercial in nature. Commissioner Cindy Donovan loved the concept of this, but didn’t see it ever working. She said its not in the right place, and there are other places to go for these kinds of things. Commissioner Scott Wessel said it was not in the original plan for the neighborhood, and people bought their homes with no idea that this would occur. The first time around it did turn into a commercial operation. He stated it should be repurposed. Commissioner Steve Richards moved to deny the CUP request 2013-013 relating to 2686 Bungalow Drive, for operation of a pool house and tennis court. Commissioner Cindy Donovan seconded the motion. All in favor - the motion passed. Commissioner Robert Taylor felt there is lack of a plan. Commissioner Steve Richards felt it is not compatible with the neighborhood. Commissioner Cindy Donovan thought it was more like a commercial and not a residential use. It was not compatible with the neighborhood uses and had serious parking issues. Commissioners Josh Cunningham and Rob Jagielski agreed. Tom Hunsaker said it is too intense of a use for this neighborhood. Scott wasn’t originally in support of the plan for this subdivision and stated there is an overall lack of support. Commissioner Cindy Donovan motioned pursuant to section 10-4-5 of the Ammon City Code in relation to State Code 67- 6535, the following findings be approved regarding the recommendation from this Commission to the City Council, that the Planning 34 Planning and Zoning Minutes 09.04.2013 Page of and Zoning Commission finds that regarding the hearing number 2013-013, the following written information be provided to the City Council for consideration. 1. That it is a commercial venture in a residential area that is not compatible with neighborhood use. 2. Parking issues there are only 8 to 10 spots and all other parking would be on street, and the additional traffic that would be caused without proper signage. 3. There is not enough detail in the plan presented to us. 4. It’s too intense of a use for that subdivision; it was not originally part of the plat or plan for that subdivision. 5. There was a distinct lack of neighborhood support. There were six (6) individuals that testified that they were pro or neutral, eleven (11) opposed, and on line there was a petition with 36 signatures opposed to a portion of the proposed plan. Commissioner Josh Cunningham seconded the motion. All in favor - the motion passed. ACTION ITEMS: 1. Recommendation on additional public hearing for hearing 2013-013: Commissioner Tom Hunsaker recommended no additional hearing needed until some of the issues have been resolved. Commissioner Rob Jagielski seconded the motion. All in favor – the motion passed. DISCUSSION ITEMS: 1. General - None REPORTS: 1. City Council Actions - Ron Folsom explained what happened at the Council meeting on August 22nd. 2. City of Idaho Falls Planning and Zoning Actions – Cindy Donovan - Nothing to report. 3. Bonneville County Planning and Zoning Actions – Tom Hunsaker - Nothing to report. Call for Adjournment: Commissioner Rob Jagielski moved to adjourn. Commissioner Steve Richards seconded the motion. All in favor – The motion passed. The meeting adjourned at 9:20 p.m. __________________________________________________ Scott Wessel, Chairman __________________________________________________ Ron Folsom, City Clerk 44 Planning and Zoning Minutes 09.04.2013 Page of