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Planning Minutes 03/05/2002 CITY OF AMMON PLANNING AND ZONING COMMISSION March 5, 2002 . Minutes of the Public Hearing and Regular Meeting of the Planning and Zoning Commission: The meeting was called to order by Chairman Tom Hunsaker at 6:30 p.m. in the City Building at 2135 South Ammon Road, Ammon, Idaho. Tom Hunsaker, Chairman Maxine Hardy, Vice-Chairman Dick Bybee Cindy Donovan Greg Maeser MEMBERS PRESENT Ron Folsom Elaine McGary Kevin Murray (arrived late) Doug Willden 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 Casey Dennert, Benton Engineering . Cindy Donovan led the Pledge of Allegiance to the flag. First item of Business were the minutes from December 4, 2001 and February 5, 2002. The Commission reviewed the minutes from December. Ron made a motion to approve the minutes from December 4 as written. Dick Bybee seconded the motion. Voting was all in favor. The motion carried. Cindy Donovan had several typo corrections for the February minutes. Tom had a change to be made on the members present, Randy Waite was not in attendance. Tom Hunsaker asked about the paragraph on page 2 talking about connecting Derrald Street and Owen Street if they were looping or connecting the water lines. It was agreed that looping would be the proper wording. Greg Maeser made a motion to approve the Minutes from February 5 with the corrections. Ron Folsom seconded the motion. Voting was all in favor. The motion carried. . Next item of Business was a Public Hearing for a request for annexation with an initial zoning of RP made by Mark/Aimee Johnson and David/Shawna Chamberlain. Chairman Hunsaker opened the Public Hearing and swore in the Public. Alan Cunningham with Mountain River Engineering represented the developers and shower the Commission on the maps provided the area being requested. Alan explained that the developers are planning on six lots that are approximately 2.5 acres each are contiguous to the City through The Cottages Division # 2 to the West. Kevin Murray asked if this property was in the Flood Plain. Alan confirmed that it is in the Flood Plain. Maxine Hardy asked what the plans are for the strip ofland to the East. Alan explained that this piece of property is included in the request to make the six lots contiguous to the City. Dick Bybee asked about the cul-de-sac at the end of the six lots and what would happen to the property owner to the East. He was concerned that since this is currently a Private Drive this street would be the only access to his property at the end of the Drive. Alan explained how the water and sewer lines run through this property to serve Quail Ridge and The Cottages. Planning and Zoning Commission March 5, 2002 Page 2 . Ron Folsom asked Alan who owned the L-shaped property to the East. Alan informed the Commission that this property is currently in Mark Johnson's name and the Whitings own the property to the North. Elaine asked about future development and if the cul-de-sac could go north, it seems this didn't leave room for development. Ron Folsom commented that based on the measurements provided this cul-de-sac is 1500' from Crowley Road to the end of Lot # 6. Chairman Hunsaker asked if anyone else would like to make testimony in favor of this development. There was no further comment in favor. Marjorie Coles, 2643 S. 45th E., her mother - Uarda Whiting owns the property just to the North of this proposed Development, informed the Commission that there has been a problem with the surveying of all these lands in this entire section for many years. The Whiting's property has been fenced for over 85 years. When Mark Johnson purchased his property they went and made an agreement with him that he would follow the fence line instead of the deed line for his property line. Now he has crossed over the fence line 109' x 1177' to make this property contiguous. Dennis Kaiser, 2797 S. 45th E., expressed concern about flood control for this proposed sub- division and reminded the Commission that this is in the Flood Plain area. He feels the new roads that are being built are now redirecting the water run-off from the East. Ron Folsom asked Mr. Kaiser if he had been contacted by the developer and asked if he was interested in being annexed. He said that they had not been contacted, but they would be interested. . Rex Coles, 2797 S. 45th E., informed the Commission that when The Cottages was developed they came to Uarda Whiting and asked her permission to make a kitty-corner cut across then end of her property to run the water and sewer lines. She gave her permission with their promise that it would not disturb the farmland when it was complete. The water and sewer lines go into her property 100' and there is a manhole in the middle that needs to be farmed around. Uarda Whiting, 2675 S. 45th E., is the owner of the property to the north of this proposed development. She explained the history of the property in the area, including the property that Mark Johnson owns. She also explained that her property has been fenced for nearly 100 years and falls into the Homestead Act. Alan Cunningham explained that the Deed line and the fence line do not match due to the surveying problems for years because of the Snail Rock landmark. To make this property contiguous they followed the Deed Line until they could drop back down to the fence line. They wanted to have the least impact on the Whiting's as possible. There was more discussion on the property lines and ownership. . Chairman Hunsaker closed the Public Hearing. Ron Folsom commented that even if there were no dispute over ownership he would still have several problems with this annexation request. The first one being a 1500' cul-de-sac to service 6 lots with a private drive at the end that is not in the City. He also feels that there is enough property here owned by Mark Johnson that he didn't need to jump over into the Whiting's property. He could have been contiguous going straight east then north to meet The Cottages. Dick Bybee commented that other than City services he could not see why they would want this property annexed. Kevin Murray commented that he was concerned about these lots being in the Flood Plain. The Commission . . . Planning and Zoning Commission March 5, 2002 Page 3 discussed the problems with this proposal and the water lines running through the property. They feel that the surrounding property owners should have been asked if they were interested in being annexed. Greg Maeser made a motion to recommend denial of this annexation request as proposed. He stated the reasons being the dispute in ownership, the 1500' cul-de-sac, concerns with the Flood Plain and that the adjoining owners not approached about being annexed. Kevin Murray seconded the motion. Voting was all in favor. The motion carried. Next item of business was the Preliminary & Final Plat of Brairwood Div. # 6. Casey Dennert of Benton Engineering, represented the Developer and explained that this property is just north of Division # 5, east of Woods Funeral Home and south of McDonalds Farm. Casey reminded the Commission that this had came before them as a Preliminary and since then there has been some changes made. Chairman Hunsaker reminded the Commission that it was actually denied as a Preliminary when it was proposed before. Casey told the Commission that one of the changes that has been made was there was a City park on the east side at one time and the City Council decided that they didn't want the City to maintain it and has asked the Developer to take it out. Tom asked if it was the City Councilor the Developer who asked to take the park out. Jay Johnson said that he went to the City Council asked about the park because Planning and Zoning had asked for one. He said that City Council felt that the City had enough parks and couldn't afford to maintain the ones they had and also have the big one going into Eagle Pointe. Jay said that he asked City Council at that time if they would rather have a park in Briarwood or a donation to the park in Eagle Pointe. The City Council decided that they would rather have a nice large park. Elaine commented that a small neighborhood park is a nice asset to a development. Ron stated that he totally agreed with Elaine and he has supported a park here all along. He feels it is better to have smaller parks that the kids can walk or ride their bikes to instead of larger parks that you have to drive to. He disagrees with the decision that City Council has made. The Comprehensive Plan says that there will be a park every Yz mile and if City Council doesn't want to follow that plan then it needs to be changed. There is a park in McDonalds Farm that is partially developed. Doug Willden commented that he feels it would be better for larger parks to drive to then the parents would be going with the kids. In this day and age parents shouldn't let the kids in the parks alone. There was more discussion about the parks and a large one versus a small one. Ron Folsom mentioned to Jay Johnson about the cul-de-sacs and requested that they try to design the next sub-division differently so there is not any or at least not as many cul-de-sacs. The Commission discussed this with Jay to get ideas. Engineer Manwill asked the Commission to address the 27' strip of land between McDonalds Farm and Briarwood. This strip of land is not included in either McDonalds Farm or Briarwood Plat and would prevent Adam Lane from continuing south into Briarwood. If Briarwood Div. # 6 were approved as shown then this 27' would be undevelopable land it would not really be a county island but it would be a 27" unplatted strip. Ron Folsom asked Engineer Manwill how to get Adam Lane across into Briarwood. Engineer Manwill suggested that the land be annexed to the City and then included in the Plat for Briarwood Div. # 6. The Commission discussed this problem and how to solve it. Casey commented that the property in question is deeded property and they platted all the way to the section line and the Ammon City limits. So they feel they have done all that is required of them even if that would make 2 cul-de-sacs for Adam Lane instead of coming together. If something has to be done in the future that property could be deeded. Ron made a motion to recommend to City Council approval of the Preliminary and Final Plat of Briarwood Div. # 6 with recommendation that prior to City Council approval something be worked out to connect Planning and Zoning Commission March 5, 2002 Page 4 . Adam Lane in the City to Adam Lane in the County and as a suggestion that the ditch right-of- way be worked out with either the McDonalds Farm property owners or quit claimed to the properties being platted tonight. Kevin added a motion that the City send letters to the ditch users on Ammon Road and Kelly Howell to invite them to the next City Council meeting so an agreement could be worked out. Maxine Hardy seconded the motion. Voting was all in favor. The motion carried. . Next item of business was to discuss the parking ordinance and required parking. The Commission members were provided a list of changes to the parking ordinance to review prior to the meeting. Tom reminded the Commission that they need to protect the "little guy trying to do business" by providing enough parking for everyone. Ron explained that he has done some research on other cities parking ordinances. What he found in doing research on the parking provided for the cities commercial developments was that the City was not following its own ordinance. The Commission discussed the parking problems and options to correct the problems including parking for employees and customers and what should be required. One suggestion was the Planning and Zoning Commission checks the parking when a business applies for a new business license, that way we would know the use of the building and how much parking would be required. The problem doing it this way would be in a mixed use building having more than one space to be leased. The parking requirements should be the responsibility of the property owner. Ron Folsom commented that Attorney Anderson did not want to hold a Public Hearing on these parking ordinances unless all the other changes to Title 10 were ready as well. The Commission agreed to review Title 10 and to make a list of corrections they felt were needed and review them at the next meeting. Next item of business was to review the minimum setback requirements for multiple main buildings on a residential lot (apartment buildings). This has been brought up because of the Eagles Landing Apartments and what should be considered front yards, rear yards and side yards for all these buildings. Chairman Hunsaker provided a made-up map for the Commission to look at and consider this problem. The Commission each discussed what their idea of this was. Tony Gonzales with Bach Development showed the Commission a Site Plan of their Development and explained that the buildings don't really have a back to them, there are entrances to apartments on both sides of the buildings. The Commission discussed the setbacks for R-3A zone and requirements for this development and agreed that the Site Plan met the requirements. Karen Anderson reported on City Council actions. Kevin Murray reported on Bonneville County actions. Ron Folsom reported on City of Idaho Falls actions. The meeting was adjourned at 10:30 P.M. . Tom Hunsaker, Chairman Minutes recorded by Terri Scott Minutes approved