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11062013P&ZMinutes CITY OF AMMON PLANNING AND ZONING COMMISSION MINUTES NOVEMBER 6, 2013 AGENDA: CITY OF AMMON PLANNING AND ZONING COMMISSION November 6, 2013 CALL TO ORDER: Chairman Scott Wessel Pledge of Allegiance: Tom Hunsaker MINUTES: August 7, 2013, September 4, 2013, October 10, 2013 PUBLIC HEARINGS: 2013-016 Conditional Use Permit Request – 2686 Bungalow Dr – Operation of Pool House and tennis courts at Turtle Bay Club House 2013-017 Conditional Use Permit Request – District 93 – Hillcrest High School – Baseball Building on High School Site. ACTION ITEMS: Recommendation on additional public hearing for hearing 2013-016 and 2013-017 DISCUSSION ITEMS: 1. RSC Uses 2. Title 10 Revisions hearing for December 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 Steve Richards Rob Jagielski Robert Taylor Steve Richards City Officials Present: Ron Folsom, Planner Director Lance Bates, Engineer Gay Leming, Deputy Clerk Members Absent: Greg Maeser Josh Cunningham CALL TO ORDER: Chairman Scott Wessel opened the meeting at 7:00 p.m. at the City Hall Building located at 2135 South Ammon Road, Ammon, Idaho. Tom Hunsaker led the Pledge of Allegiance. MINUTES: August 7, 2013: Commissioner Cindy Donovan moved to approve the minutes, as presented. Commissioner Robert Taylor seconded the motion. All in favor – the motion passed. September 4, 2013: Commissioner Cindy Donovan moved to approve the minutes, as presented. Commissioner Steve Richards seconded the motion. All in favor - the motion passed. October 10, 2013: Commissioner Steve Richards moved to approve the minutes, as presented. Commissioner Richard Butler seconded the motion. All in favor – the motion passed. 15 Planning and Zoning Minutes 11.06.2013 Page of PUBLIC HEARINGS: 2013-016 Conditional Use Permit Request – 2686 Bungalow Dr – Operation of Pool House and tennis courts at Turtle Bay Club House: Chairman 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 explained that his plan is to make the pool house available for use for the owners and that will be their main focus. Ownership will be offered to people and they will be able to use the facility and share in the cost of using the facility. The decision tonight is to open the club house for membership. The memberships are for the people that live in the Cottages subdivision. This is not a public use facility, and they do not want parking on the street. Colter said he will make sure that an operating agreement will be put in place, and be understood by all members. Colter explained that by moving the landscaping they will be able to have twelve useable parking spaces, and if they move the fence there would be a total of nineteen parking spaces. Colter believes this would be substantially enough to fit the Turtle Bay Club House. Colter is asking for one year for the CUP (Conditional Use Permit), and will make modifications at that time or continue with the current CUP if no changes are needed. Colter said he has spoken to the school district and the school bus stop can be moved if need be. Colter explained that an owner would have an equity stake in the property, and a member would live in the Cottages and pays fees to use the facility. Fire code allows 69 people for the pool and hot tubs areas, 8 in the exercise room, and 10 in the restrooms for a total of 87 occupants. The plan is to be within the Cottages, but not restricted to the Cottages as owners. There was a survey that was put on Facebook to see how the people in the Cottages felt about opening this clubhouse back up. One response was allowed per address, and of the 20 addresses that did respond 6 were opposed. Kevin Murray, 3525 Merlin Drive, discussed the right of property owners. If a trampoline located in the backyard, the owner may have anyone over to jump on this trampoline. As the right of an owner they should be able to invite people into their pool anytime they want. This is not a commercial property therefore the City ordinance does not specify how many parking spaces are required. Ron explained that as a CUP they are asking for the right to sell memberships to people in the Cottages and with the sales of memberships the commission could put restriction on the property. If they are just owners of the property (charging no fees) then there could be no conditions. Jason Enger, 2814 Stafford was in full support, he felt the way it was now it was an eye sore. He felt there will be no issue with traffic, as for noise we can get noise with lawnmowers at 9:30 at night. Joy Taylor, 2606 Stafford Cove around the corner would like to see families in the Cottages that would like to use it to be able to use it. Right now it is being kept up. A lot of discussion will be about the extremes, but extremes are occasional only, not the average or the norm. Paige Hansen, 2438 Stafford Dr. as a stay at home Mom, it would be awesome to have a close by place for her husband to work out in the morning before going to work, and for her kids to enjoy without traveling. Current commercial facilities do not allow kids, and it would be great to be able to teach them at the pool and tennis courts. Of the people that took the survey there were only 6 opposed. Fawn Zirker, 5073 Tildy Lane said the commission allowed this before the building was built and they should have some responsibility for some of the abandonment and the bad look of the property. Nobody is going to go to the expense of buying the property, tear down the existing building and then build a house. If you buy a home next to an existing supermarket, you cannot then say the supermarket should not be there. When Turtle Bay was open she used it and it was wonderful. There’s not much to do in the winters month in our area and this gives things for my family to do. The neighborhood has daycares, preschools, music lessons, etc. none of which make the neighborhood commercial and she believed this would bring less traffic than a daycare would. She felt it was in an ideal location. Lori Sorenson, 2892 Bungalow Dr. located in the back of the cul-de-sac. The covenants in the Cottages say that all lots in the sub division shall be used solely for single family residence. No lot shall be used except for residential purposes. Lori doesn’t believe that you could get 19 cars in that area unless they were all small cars. Even with all the rules that are being thrown out there she doesn’t see how they could be enforced. There is not a lot of traffic when she leaves the subdivision at 5:30 a.m., but there is a lot of traffic when she returns at 6:00 p.m. In the winter months, there is a lot of slipping and sliding around the corner. Kristi Carlquist, 2581 Bungalow Dr. was opposed to offering lessons, because that would increase traffic. There was a reason she bought a home in a cul-de-sac. She believes that no parking on the street adjacent to the club house will shove the cars into the 25 Planning and Zoning Minutes 11.06.2013 Page of cul-de-sac to park. The subdivision was originally designed for single family residents only. If a mistake has been made in the past, please be willing to fix it. John Baker, 2563 Bungalow Drive said the survey was sent out on Facebook, since he does not use Facebook, there is no way for him or others like him to know about the survey. And there was no way to validate the survey’s accuracy. He was confused between ownership versus membership versus guests. He wondered if this was a store front. He wondered how the CC&R’s could be enforced. He stated people won’t park where “No Parking” signs are posted, so this pushes cars to the rest of the street. He was concerned about safety, because the subdivision’s lighting is not the best. He commented homes have noise once or twice a year, not every weekend. And he was concerned about the hours especially midnight on weekends. Kris Carlquist, 2581 Bungalow Drive said he feels that this proposal is a ruse. They have completely nullified the proposal by selling ownerships to anybody they want to. The facility was still open during its first time around when he moved in, and parking overflow was a big problem. Mark Wilkey, 2658 Stafford Drive said he is the most directly affected because he lives directly next door. He never knew about the survey, because he is not on Facebook so he could not give any input, and nobody ever talked to him about the way he felt. He agrees with Mr. Carlquist that they have been deceived. He recalled an instance when one of his teenage children sent three quick text messages to friends to spread the word about a party, and suddenly their home was full of teenagers, and the facility’s guest policy will allow the same thing to happen there. No way can you get 19 cars in the parking lot of this property, and converting a back yard into a parking lot isn’t residential in nature. Offers have been made on this property to convert it into a residence. This is a commercial venture no matter how you look at it. And the hours of 5:00 AM to 11:00 PM and 5:00 AM to midnight were incompatible with neighboring uses. Kevin Murray said emotions are running high. This is not a request to rezone. They are asking for a trial run of one year, and if it doesn’t work out then the City won’t renew the CUP. Coulter Hansen said you can make restrictions on the proposal and limitations in the CUP. There are residents who do want it. This is making it available to the owners in the cottages. The alternative would be to let it go back to its dilapidated condition while a buyer is sought. Chairman Scott Wessel closed the public hearing. After speaking with City Attorney Scott Hall, Ron explained owner versus membership. A conditional Use Permit defines a use. A Conditional Use can limit use of the facility to residents of the Cottages only. An owner of GM stock does not have the right to enter GM plants. Owners would be stockholders and if they lived outside of the Cottages they would not be able to use this facility. If a conditional use permit is issued one of the conditions can be that only residents can use the facility. Robert Taylor moved to approve the conditional use permit. There was no second. The motion failed. Discussion ensued. Commissioner Robert Taylor moved to recommend the City Council approve Conditional Use Permit 2013-016 as pertaining to the Turtle Bay Club House for a one year period of time, with a minimum of 19 parking spaces, and the hour’s maximum of 5:00 am to 11:00 pm with no lighting of the tennis courts. Following the vote, the verbatim motion will be put together for the City Council. Commissioner Cindy Donovan seconded. There were 3 in favor - 4 against. The motion failed. Commissioner Richard Butler voted nay because of the hours of operation; 11:00 pm no way, 10:00 pm is ok, he will even accept the 5:00 in the morning. Commissioner Rob Jagielski doesn’t think it belongs in this neighborhood. Commissioner Steve Richards said there were a number of conditions he thought were going to be included such as sales of memberships or anything else outside of the Cottages, fees for swimming, the insurance policy, guests accompanied by member. Ron explained that would have been included based on their application; membership within the Cottages, because that was in their application, and the motion to approve the CUP would be approved based on their application. Commissioner Steve Richards said he doesn’t like it and this is not residential use in this neighborhood. Commissioner Scott Wessel said the reason he is against is that it would have been better if the developer had said we are going to put a pool in here and you all own it; where it would have been in a taxing district, or part of buying into the neighborhood, 35 Planning and Zoning Minutes 11.06.2013 Page of and that would have solved it in the beginning. If an LID (Limited Improvement District) was brought in and everybody owned it in the neighborhood that would solve the problem, but what they asked for he cannot support. Chairman Scott Wessel said the Commission could change the motion and re-poll. Cindy said we are just a recommending body and so if we send it to City Council, it is ultimately their decision and they can see where the Commission struggled and what the issues were. Ron said, so you have no recommendation. Tom Hunsaker said he thinks there needs to be another motion, but the important parts of the discussion needs to be a part of it; so City Council an weight those points with whatever legal counsel Scott Hall provides in making their decision. Cindy asked Tom if he wanted to try the motion. Cindy stated if this is not going to change the vote what is the point of another motion. Ron Folsom consulted with City Attorney Scott Hall, and reported that we cannot restrict a property from having multiple owners. If there is no conditional use, then all the owners will be permitted to use the facility. Rick Butler moved to recommend the Council approve the CUP using a model constructed in 2010 with hours of operation from 5 am to 10 pm 7 days week, but remove the restriction from parking on the public street, with 19 off street parking spaces that meet City standards, for a period of one year. Commissioner Taylor seconded the motion. 4 for, - 3 against. The motion passed. Commissioner Rob Jagielski, Steve Richards, and Scott Wessel were against for the same reasons stated for the previous vote. 2013-017 Conditional Use Permit Request – District 93 – Hillcrest High School – Baseball Building on High School Site. Because of the lateness of the hour, Chairman Scott Wessel once again read the public hearing requirements, and opened the public hearing. Ron explained the request and where the building will be located. Tanner Stenquist, 3804 Orchard Circle explained that this will be his and Tyler Patterson’s senior project. For this project they would like to build an indoor hitting facility. This will be an area with two batting cages inside, and areas for off side hitting and ground balls. It will be used by Hillcrest teams and by younger teams. The School Board has approved the project. Tanner and Tyler are the fund raisers. So far they have raised nearly $30,000, and the alumni have given them a $15,000 grant. All the schools in the Boise area have one of these buildings. Scott Barr, 3398 S Rustic Lane, is the head coachat Hillcrest High School. He is very excited about this and the boys have been successful raising the money. It will be a 100 By 50foot facility for players to learn and practice in this area in the winter months. It will include batting stations, pitching mounds and core strengthening stations. They would like to have it finished before the new year. Mark Hillyard, 405 Advantage Lane will be the contractor and will be there from to start to the finish of this project. The construction will be done by the high school students taking his construction classes at the District’s Technical Careers High School. There is a huge need for this. Currently the baseball teams only have use of the gym once a week from 8 until 10, and they share this time with the track team. It has been approved by the principal of the school to allow the kids to do this project and be bused from the Technical Careers High School. Commissioner Steve Richards moved to approve the CUP subject to technical review by staff. Commissioner Rob Jagielski seconded the motion. All in favor – the motion passed. Presentation by students and coaches provided adequate information for approval of this project in conjunction with the school district, school board, and school principals. ACTION ITEMS: Recommendation on additional public hearing for hearing 2013-016 and 2013-017: For hearing 20136-016, Commissioner Scott Wessel moved for no additional hearings. Commissioner Robert Taylor seconded the motion. All in favor – the motion passed. For hearing 2013-017, Commissioner Richard Butler moved to recommend that no additional hearing would be needed. Commissioner Robert Taylor seconded. All in favor – the motion passed. DISCUSSION ITEMS: 1. RSC Uses: This item was not discussed. 45 Planning and Zoning Minutes 11.06.2013 Page of 2. Title 10 Revisions hearing for December : Ron explained what revisions were proposed. REPORTS: 1. City Council Actions – Ron explained what happened in the Council meetings for the month of October. 2. City of Idaho Falls Planning and Zoning Actions – Cindy Donovan 3. Bonneville County Planning and Zoning Actions – Tom Hunsaker – Tom reported that Bonneville Planning and Zoning meeting was postponed until November 13th, and thus had not been held yet. Call for Adjournment: Chairman Scott Wessel moved to adjourn. The meeting adjourned at 10:40 p.m. __________________________________________ Scott Wessel, Chairman __________________________________________________ Ron Folsom, City Clerk 55 Planning and Zoning Minutes 11.06.2013 Page of