12042013P&ZMinutes
CITY OF AMMON
PLANNING AND ZONING COMMISSION
December 4, 2013
2135 South Ammon Road, 7:00 P.M.
AGENDA:
CALL TO ORDER:
Chairman Scott Wessel
Pledge of Allegiance: Steve Richards
MINUTES:
November 6, 2013
PUBLIC HEARINGS:
2013-018 Title 10 – Planning and Zoning Proposed Amendments
2013-019 – Request to Vacate Easement – Quail Ridge – Division 4, Block 5, Lots 8 & 9
ACTION ITEMS:
1.Recommendation on additional public hearing for hearing 2013-018
2.Adopt Minutes Language for hearing 2013-018
3.Recommendation on additional public hearing for hearing 2013-019
4.Adopt Minutes Language for hearing 2013-019
DISCUSSION ITEMS:
1.
RSC Uses
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
Steve Richards
Rob Jagielski
Cindy Donovan
Robert Taylor
Greg Maeser
Members Absent:
Richard Butler
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. Commissioner Steve Richards led the Pledge of Allegiance.
MINUTES: November 6, 2013:
Tabled.
PUBLIC HEARINGS: 2013-018 Title 10 – Planning and Zoning Proposed Amendments
Commissioner Scott Wessel
explained the public hearing procedure and opened the public hearing. Ron explained the proposed changes to chapter 4 section 4,
chapter 9 section 4, and chapter 10 section 1, to remove the language on finding of facts, changes to chapter 29 section13 which is the
site plan ordinances to make it possible for staff to approve site plans without going to the commission, changes to chapter 16 section
5, chapter 17 section 5, and chapter 18 section 5 to make the minimum length of an attached-building common wall the same as in
chapters 14A and 15, and Chapter 5 to change the minimum size of parking spaces from 10’ by 20’ to a 9’ x 18’.
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Eric Isom, 4905 Lady Hawk representing Ball Ventures said they would like to develop around Zion’s Bank and the Wendy’s
Restaurant. Eric said the reason they would like to change the parking spaces from 10’ wide to 9’ wide is because on a 40 acre lot, this
allows about 30,000 square feet of additional building space.
Commissioner Rob Jagielski moved to accept the changes as presented. Commissioner Greg Maeser seconded the motion.
Six in favor - one against. The motion passed. Commissioner Hunsaker is okay with everything except the parking space size. Tom
believes that an 18’ long space often ends in not enough space in the drive isle and 9’ wide ends up with people not parking the way
they’re supposed to within the lines so we actually end up with less total parking spaces, not more.
2013-019 – Request to Vacate Easement – Quail Ridge – Division 4, Block 5, Lots 8 & 9:
Ron explained that this was
originally a Bonneville County Plat. Bonneville County put in a roadway easement, but if the City had platted this as if there was to be
a roadway, it would have been a dedicated roadway and not an easement. Even though it has a stated the 60’ easement is owned by
two private individuals. This easement is on lot 8 which is developed and on lot 9 which is undeveloped and because of the easement
lot 9 cannot be built upon with the current setbacks in Quail Ridge Subdivision.
Jared Stowell, 2138 Quail Ridge Drive said he was thinking about purchasing lot number 9, and would like to get the
easement removed. He feels that constructing a road at the end of the cul-de-sac would cause safety issues within the Quail Ridge
subdivision.
Kim Johnson, 6195 E Sunnyside Road said the understanding they had was that the easement was there to keep the property
to the south from becoming land locked. The distance coming in from Quail Ridge Drive to his property is 172’ and coming in from
any other way is about 720’, and with the cost of road material this is not feasible. Although Kim did not want the easement vacated,
he read the statute from the state and said that if the right of way has not been used for a period of five years it can be vacated without
consent from the owners. Kim feels that he and Helen Davenport don’t have access to their properties from another public road.
Discussion ensued regarding the difference between easements and right-of-ways.
Jared Stowell, 2138 Quail Ridge Drive said lot 9 only has 50’ of frontage on the cul-de-sac which leaves very little room for
a driveway, and you couldn’t get a driveway in if you have to take 30ft off for the easement.
Ron explained that he did send a publication to the County, and we have had no reply which means they probably have no
issue with the vacation of the easement. The conscience of the Commission is that this easement has never been used as an access so
there should be no reason not to vacate.
Commissioner Robert Taylor moved to recommend to the City Council for approval of the Request to Vacate Easement –
Quail Ridge – Division 4, Block 5, Lots 8 & 9. Commissioner Cindy Donovan seconded the motion. Three for – Three against with
one abstaining. Commissioner Tom Hunsaker abstained due to a need for more time to review the evidence. Commissioner Greg
Maeser was not totally against the vacation of the easement, but would like to take a look to see if there is a taking issue here.
Commissioner Steve Richards was also concerned about the taking issue, but also felt that this issue would take care of its self with
future development. Commissioner Scott Wessel agreed with both Greg and Steve that this is a taking issue, the easement is a value
and he feels we don’t need to vacate that value.
ACTION ITEMS:
1. Recommendation on additional public hearing for hearing 2013-018 Commissioner
Cindy Donovan recommended no
additional public hearing. Commissioner Robert Taylor seconded the motion. All in favor - the motion passed.
Adopt Minutes Language for hearing 2013-018
2. Commissioner Cindy Donovan moved that pursuant to 10-4-5 of the
Ammon City Code in relation to the Idaho State Code 67-6535 the following findings be approved regarding the recommendation
from this commission to the City Council: although a 10 foot parking space width was preferred it seems that 9 feet is the standard.
There were no other concerns regarding other amendments. Commissioner Greg Maeser seconded the motion. All in favor – the
motion passed.
Recommendation on additional public hearing for hearing 2013-019
3. Commissioner Steve Richards moved no
additional hearing is needed. Commissioner Cindy Donovan seconded the motion. 5 for 2 against.
4. Adopt Minutes Language for hearing 2013-019
Commissioner Cindy Donovan moved that pursuant to 10-4-5 of the
Ammon City Code in relation to the Idaho State Code 67-6535 the following findings be approved regarding the recommendation
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from this commission to the City Council that the following written information be provided to the City Council for consideration. A
major concern withthe vacation of the easement is that it may be a taking in regard to the southern property. The reason to vacate is
that an easement from a cul-de-sac does not make sense, there are no current plans to make new development to the south and the
property owners to the south already have access to Sunnyside Road. Another concern is that the setbacks on this property could not
be met with a road going through. Commissioner Steve Richards seconded the motion. All in favor – the motion passed.
DISCUSSION ITEMS:
1. RSC Uses -
Tabled
REPORTS:
1. City Council Actions –
Ron Folsom reported what happened in the Council meetings for the month of November.
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 Greg Maeser moved to adjourn.
The meeting adjourned at 9:30 p.m.
__________________________________________
Scott Wessel, Chairman
_______________________________________________
Ron Folsom, City Clerk
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