Planning Minutes 02/05/2002
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CITY OF AMMON
PLANNING AND ZONING COMMISSION
February 5, 2002
Minutes of the Public Hearing and Regular Meeting of the Planning and Zoning Commission:
The meeting was called to order by Chairman Greg Maeser at 6:35 p.m. in the City Building at
2135 South Ammon Road, Ammon, Idaho.
Greg Maeser, Chairman
Ron Folsom
Dick Bybee
MEMBERS PRESENT
Tom Hunsaker
Maxine Hardy
Kevin Murray
MEMBERS ABSENT
Elaine McGary
CITY OFFICIALS PRESENT
David Wadsworth, Public Works Karen Anderson, City Councilmember
Bill Manwill, City Engineer Terri Scott, Deputy Clerk
OTHERS PRESENT
Jay Johnson, 2125 Cabellaro Alan Cunningham, Mt. River Eng.
Tony Gonzales, Bach Development
Ron Folsom led the Pledge of Allegiance to the flag.
First item of Business was to welcome the 2 new members - Cindy Donovan and Douglas
Willden. The Commission welcomed them and Greg said that they appreciate their willingness
to serve. There were 3 members re-appointed - Tom Hunsaker, Dick Bybee and Kevin Murray.
Greg thanked them for serving again.
Next item of business was to elect a new Chairman and Vice-Chairman. Dick Bybee
nominated Maxine Hardy for Chairman. Maxine said that she feels she is not qualified enough
for Chairman but would be willing to be Vice-Chairman. Dick amended his original nomination
to nominate Maxine Hardy for Vice-Chairman. Ron Folsom seconded the motion. Voting was
all in favor. The motion carried. Ron Folsom nominated Tom Hunsaker for Chairman. Dick
Bybee seconded the motion. Voting was all in favor. The motion carried. Greg handed the
gavel over to Tom Hunsaker.
Next item of Business was a Public Hearing for a reqnest for vacation of easements in Lot 4,
Block 6, Rick's Farm Division # 2. Tom Hunsaker opened the Public Hearing and swore in the
public who wished to give testimony. Alan Cunningham of Mountain River Engineering
represented the developers. Alan explained the history of this easement, saying that years ago
the City anticipated Derrald Ave. and Owen Street to connect through and with that prior to the
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Planning and Zoning Commission
February 5, 2002
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Theater going in they were trying to loop the water lines. This water line came down Sunnyside
Road and came to the Theater then went into Owen Street. In doing this they created an
easement, anticipating that the roadway would eventually go through. Now the road will not be
going through and Bach Development is requesting this easement be vacated. Alan showed on
the materials provided where the water lines will be installed. Alan also explained that on the
very far east side of this lot there is an existing 25' easement for the irrigation ditch, which is not
used or needed anymore. They are requesting that the west 15' of the easement be vacated and
was included in the legal description provided for this Public Hearing. This will leave a 10'
easement for the ditch. It is Alan's understanding that they are planning to bury that ditch and
put in a pipe anyway. Chairman Hunsaker asked Alan if the only part of the land along the
existing ditch would just be that which goes down from where Owen Street would have been or
is it the whole length of the property. Alan confirmed that it would be the entire length of the
east side of the property. Tony Gonzales with Bach Developers explained that there was
supposed to be a ditch through there but at some point they went ahead and it is now a 6'
pressurized line that goes the full length of the property. So at this point it is not necessary to
have that easement. There was some discussion on the use of the ditch and it was decided that
the only thing that it is serving now is Mark Rick's property on Sunnyside Road. Chairman
Hunsaker closed the Public Hearing and asked Engineer Manwill if he had anything to add. Bill
felt that it was cut and dry. Ron made a motion to recommend approval of this request to vacate
the easements in Lot 4, Block 6, Rick's Farm Div. # 2 as drawn. Maxine Hardy seconded the
motion. Voting was all in favor. The motion carried.
Next item of business was a Public Hearing for a request for rezone of 2130 & 2150 S.
Ammon Road from RPA to R-2 to allow an apartment in the basement of a home. Chairman
Hunsaker opened the Public Hearing and swore in Jay Johnson who was representing Theone
Smith and Darwin Murri. Jay explained that Theone's basement has been used for years for
massage therapy then more recent as an apartment and now they want to make it legal with
proper zoning. Jay suggested to Darwin Murri that he should rezone his property as well
because the entire side of the street from Legends Store to past the 4-plexs is an R-2 zone. Ron
Folsom asked if the south part of the property where the easement is included in this request.
Engineer Manwill explained that the easement was included in the legal description. Jay
explained that he was concerned that he may have requested the wrong zoning. In the R-2 zone
10-15-9 section (B) states that: No single family attached dwelling shall be located above another
dwelling unit, either in whole or are part. Jay explained that the rest of the street is R-2 and there
are 4-plexes and a house with an apartment in the basement.
There was some discussion about the R-2 zone and if it was changed when the ordinances were
re-codified or if it needs to be changed. Greg Maeser commented that it makes sense to make it
more consistent. Jay informed the Commission that Darwin Murri is purchasing Theone Smith's
home. Chairman Hunsaker closed the Public Hearing. Ron commented that he feels that the
rezone is a good idea because it does make it more consistent but feels that the zone needs to be
addressed. Dick Bybee made a motion to recommend approval of this request for rezone of2130
& 2150 S. Ammon Road from RPA to R-2 as presented. Ron Folsom seconded the motion.
Voting was all in favor. The motion carried.
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Planning and Zoning Commission
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Chairman Hunsaker asked if the Commission wanted to discuss the R-2 zone before moving on.
Ron asked if there was any reason why we would not just repeal (B). The Commission discussed
repealing 10-15-9(8). Ron commented that he feels the only things that section (8) is keeping
out is what is already there so is there any reason not to allow that in R-2. It was agreed that they
should repeal 1O-15-9(B).
Next item on the agenda was the Final Site plan for Eagles Landing Apartments. The Final
Site plan was not in the Commissions packets with the agenda so Chairman Hunsaker was going
to table any discussion. Ron Folsom asked if they could reverse the next item with this one. The
Planning and Zoning Commission does not have a set policy for Final Site plans. There was
some discussion getting a procedure for the Commission to approve parking and landscaping
requirements on Site Plans. Tony Gonzales with Bach development reminded the Commission
that when the Final Plat was approved he was told that there would not be another meeting
required but that the Commission would like to see the site plan when it was finalized. Tony
apologized for not getting the Final Site plan to the Commission in advance, but they were
working on some last minute changes and were hoping to go over these changes tonight.
Chairman Hunsaker asked Engineer Manwill and Public Works Director Wadsworth for some
input. Engineer Manwill commented that it's a matter of how involved the Commission wants to
be. Dick Bybee asked Engineer Manwill if when he looks over the Final Site plan if he just
checks the utilities or ifhe looks at parking and landscaping. Bill told him that he doesn't look at
those because someone else usually checks them.
Ron Folsom commented that we do have some buildings out there that does not meet the
requirements because they were not being checked. So if we were checking the Final Site plan
that would eliminate this problem. The Commission discussed the options on how to handle this.
Dick Bybee and Ron Folsom both suggested that this be done like a building permit with 2
Commission members signatures and not a signature block on the Plat. A Preliminary site plan
is required before the Commission and if any changes are required then why should they have to
wait another month to get the Final approved through a meeting. Anything in R-2 and above will
require that a Preliminary Site plan come before the Commission. Ron Folsom made a motion to
adopt a policy that a Final Site plan is signed off by two members of Planning and Zoning
Commission for review of landscaping and parking requirements. Dick Bybee seconded the
motion. Voting was all in favor. The motion carried. A letter is to be sent to the Engineering
firms notifYing them of this new policy.
Next the Commission went forward with reviewing the Final Site plan for Eagles Landing
Apartments. Tony Gonzales with Bach Development explained that they had an access through
the west side of the property when it was presented as a Preliminary. After discussing with
Mountain River Engineering the realized that this access was unacceptable so they moved it. In
doing this they changed some parking and adjusted the Clubhouse and pool area. These changes
have made it necessary to eliminate one garage building, which brings the total number of
garages down from 48 to 42. They have also lost a few parking spaces with these changes but
feel they are still adequate. There will be 300:1: and only 223 are required. Another change that
they made was the unit mix, which required them to increase the size of two building. They will
be finalizing these plans this week and getting the Final Site plan to Engineer Manwill for his
review. They are anticipating breaking ground as soon as the weather permits.
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Planning and Zoning Commission
February 5, 2002
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Tony asked the Commission if they have any questions. Chairman Hunsaker asked who owned
the parking lot to the west. Hawkins-Smith owns that property. Tom explained that the property
would need to be fenced between zones. The Commission discussed the fencing and buffers
required and told Tony that he doesn't need to buffer his property. The buffer will be required
on the Commercial side. Bach Development has the go ahead as soon as Engineer Manwill and
2 members of Planning and Zoning sign the Final Site plan.
Karen Anderson reported on the actions of City Council and the A.I.C. meeting she attended.
Ron Folsom reported on the actions of City of Idaho Falls.
The meeting was adjourned at 8:45 P.M.
Tom Hunsaker, Chairman
Minutes recorded by Terri Scott
Minutes approved