Planning Minutes 05/07/2002 (2)
.
CITY OF AMMON
PLANNING AND ZONING COMMISSION
May 7, 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 6:40 p.m. in the
City Building, 2135 South Ammon Road, Ammon, Idaho.
MEMBERS PRESENT
Tom Hunsaker, Chairman
Maxine Hardy, Vice Chairman
Ron Folsom
Dick Bybee
Greg Maeser
Kevin Murray
Cindy Donovan
Elaine McGary
Doug Willden
.
CITY OFFICIALS PRESENT
Randy Waite, Council member
Leslie Folsom, Council member
David Wadsworth, Public Works Director
Terri Scott, Deputy Clerk
Ron Folsom led the Pledge of Allegiance to the Flag.
The first item of business was a Public Hearing to consider the request of Lee
Gagner to rezone from C-1 to HC-1 and R-1 to C-1 property located on the
southwest comer of Crowley Road Street and East 17th Street in Eagle
Pointe.
Prior to opening the hearing, Chairman Hunsaker discussed procedure matters
regarding interpretation of the Comprehensive Plan Land Use Map. He wondered
if the Comprehensive Plan would need to be changed before the Commission
could hear Lee Gagner's request or if the commercial area shown on the map
could be interpreted as broad enough to include the property. The Commission
members discussed the issue. When the map was prepared, the use areas were
not designated in definite parcels. The Comprehensive Plan text specifies
corners of major intersections should be commercial. It was decided to proceed
with the public hearing.
.
Chairman Hunsaker opened the Public Hearing. Notice of the Hearing was
published in two issues of the Post Register. Also, property owners within five
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 2
hundred (500) feet and other interested parties were mailed notices of the
hearing. Parties in interest were sworn in to present testimony.
Alan Cunningham of Mountain River Engineering represented the developer, Lee
Gagner, to explain the request. The developer has decided to cancel the part of
the request for a zone change from C-1 to HC-1 for the corner piece. After
reviewing the ordinances, he has decided that C-1 should accommodate what he
would want to do. He does not have any plans at this time. The part of the
request for a zone change from R-1 to C-1 is self-explanatory. It extends along
Crowley Road except for'the parcel Lee Gagner does not own. It fits with the
corner and expands the commercial area. The area was pointed out on the map.
The development details are not known, but the developer has mentioned the
possibility of storage units.
.
Chairman Hunsaker called for testimony of parties in favor of the rezone and for
testimony of parties who were neutral. No parties testified in favor or neutral.
Testimony was accepted from parties who were opposed.
Scott Bruce, 4319 East 17th Street, had questions about what is going to be done
as the property develops into commercial. He expressed concems about the rise
on 1 th Street and the impact of commercial development on traffic. The width of
1th Street and access points should be addressed.
Doug Hall, 2452 South 45th Street, asked if the City issues building permits for
development if the property is annexed to the City. He also wanted to know if
traffic issues are considered when a building permit is issued to assure the roads
are safe to allow the kind of commercial development. Accesses and street
layout are considered in the platting and site plan processes.
Kay Robison, 4363 East 17ith, lives across the street from the Eagle Pointe
access that is believed to be safe. He suggested that someone come out to
observe it rather than just say it looks fine. People come around the corner and
treat the street as a freeway. He can not get off 1th Street without someone
wanting to push him out of the way. No one seems to care about the situation.
He requested more speed enforcement. He objected to rezoning for any more
C-1.
Michael Neff, 3852 East 1 th Street, said that the traffic has increased with all the
development in the area. He suggested adding some four-way stops at some of
the intersections to break the traffic pattern down. An excellent place for a four-
way stop sign would be at Ross Avenue and East 17th Street. He also asked
about the uses for a C-1 zone.
.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 3
Dick Bybee, 2130 Ross Avenue and a member of the Planning and Zoning
Commission, said a four-way stop at Ross Avenue and East 1ih Street is a very
good idea.
There was no more public input and Alan Cunningham was given the opportunity
for rebuttal. He understands the traffic concerns, but he did not have an answer
to the problem. The request is a rezone for C-1. People are interested in the
development plans but development is probably more for the future. The only
idea is storage units, which should be low traffic. Chairman Hunsaker asked for
an explanation of how the property lines up with 21st Street. There was a review
of the ownership boundary lines.
.
Chairman Hunsaker closed the public hearing and opened up the meeting for
Planning and Zoning Commission discussion. Dick Bybee stated the piece of
property on Crowley Road that Lee Gagner's property surrounds is owned by
Doyle Anderson. The Anderson property is being considered for annexation with
the County Islands, which are scheduled for hearing later in the meeting. Dick
Bybee said the Commission should not act on Lee Gagner's request until a
determination is made on annexation and zoning of the Anderson property. Greg
Maeser said some thought ought to be given to going from R-1 to C-1, which is
restrictive zoning going to less restrictive zoning. Kevin Murray moved to table
further action on Lee Gagner's request until later in the meeting or until a later
meeting after the hearing on the Anderson property. Dick Bybee seconded the
motion. Voting was all in favor. The motion carried.
.
The second of item of business was a public hearing on the proposed
annexation of County Islands, which are properties contiguous to the City of
Ammon and includes eight parcels. Parcel NO.1 is owned by LeMoyne Johnston
at 3700 East 1ih Street. Parcel NO.2 is owned by Ted Petersen at 2340 South
45th East. Parcel NO.3 is owned by Douglas and Lucinda Hall at 2452 South 45th
East. Parcel NO.4 is owned by Doyle Anderson at 1954 South 45th East. Parcel
NO.5 is owned by Gary and Laraine Sant at 3665 Marlene Street. Parcel NO.6
is owned by Floyd and Carol Morrow at 2433 South Foothill Road. Parcel NO.7
is owned by Jim and Kathy Pasley at 2491 South Foothill Road. Parcel No 8
contains eleven different properties. The owners are Charlene Mills, 3653 East
17th Street; Kim and Janet Hall, 3585 East 17th Street; Leslie and Luana Grigg,
3623 East 1ih Street; Terry and Debra Taylor, 3525 East 1ih Street; Bradley
Pratt, 3683 East 1ih Street; the Pentecostal Church under Reverend Foster,
1571 South Ammon Road; joint ownership, 1395 South Ammon Road; Larry and
Faye Seipert, 1393 South Ammon Road; David and Bernadette Craig, 1441
South Ammon Road; Robert and Carol Hammon, 1485 South Ammon Road; and
LaCrista Holdings, two and one-half acres of property with no physical address
on East 17th Street. The eleven properties are north of 17th Street, east of
Ammon Road, and northeast of the Briarwood Addition.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 4
Chairman Hunsaker opened the public hearing. Notice of the Hearing was
published in two issues of the Post Register. Also, notices of the hearing were
mailed to the involved property owners by registered mail. Public Works Director
Wadsworth explained that the City initiated the proposed annexation because of
a safety issue with fire protection. The properties are under the jurisdiction of
Bonneville County but they are surrounded by or mostly surrounded by the City
of Ammon. At times there is a question about whether the County or the City
should respond to a fire call. Also, it is pOSSible for some of the properties to
benefit with other City services. Parties in interest were sworn in to present
testimony.
Parcel No 1: LeMoyne Johnston, 3700 East 1 ih Street, owns about seven plus
acres of property. He has been opposed to annexation for thirty years and he is
still opposed. He is against annexation because of possible City regulations. He
has his own well, he is on lona Bonneville Sewer, he takes care of his own
garbage disposal, and he raises several animals. He has not experienced any
neighborhood complaints. The only benefit he can see is a raise in property tax.
.
There was a discussion on advantages of annexation. The advantages listed
were fire protection and availability of water service without a connection fee
when their private well goes down. Most of the properties are now on lona
Bonneville Sewer and, if they are not, the sewer would be addressed separately
The only increase in property taxes would result from a difference in fire
protection costs. Costs involved in providing water and sewer service were
discussed. Some of the concerns needed to be addressed at the City Council
level, but there was no City Council input. In order for cities to grow they have to
be able to control the properties within their boundaries.
There was concern that property rights would be cut by annexation and zoning.
The City does not have an agriculture zone. We do allow growing of crops on
larger lots, and we do allow keeping of a limited number of animals in the zones
with OL-6. It was suggested the City provide a written proposal to the property
owners. There was no other input on Parcel NO.1. Public input was closed on
Parcel No.1.
.
Greg Maeser pointed out that the Commission does not specify initial zoning on
any of the parcels. Usually a proposal for annexation includes initial zoning.
Kevin Murray said someone should represent the City to help make a proper
determination. The Commission and the landowners need some details.
Chairman Hunsaker understood the hearing to be an offer for annexation.
LeMoyne Johnston owns more than seven acres and the City can not force him
to annex. This is a unique experience. The Commission has never had a City
proposed annexation before. The developer has always made the request and
presented the "why". There was a question about whether or not to continue the
. Planning and Zoning Commission Meeting, May 7, 2002 - Page 5
hearing or to table it. Ron Folsom expressed the opinion that the Commission is
being asked to determine if the properties are important enough to square up the
boundaries of the City by annexation and zoning. If they are, the Commission
needs to make a recommendation including the zoning. The City Council can
hold a hearing to address whatever the Planning and Zoning Commission does
not. He did not support tabling the hearing.
Ron Folsom moved to recommend to the City Council that we do not annex
Parcel No.1, the LeMoyne Johnston property, based on his input. Dick Bybee
seconded the motion. Voting was unanimous to deny annexation. The motion
carried.
.
Parcel No.2: Ted Petersen (Ted's Cabinet Shop), 2340 South 45th East,
stated that he did not object to annexation of his property. The property is being
used commercially as a cabinet shop. He approached the City Council about
four years ago to get the property annexed. The request was denied because of
the way the property was being used and it was considered to be spot zoning.
The question is what will the zoning be if it is annexed to the City. Ted Petersen
would like the property zoned commercially. Bonneville County has granted
variances and/or special use permits to allow Mr. Peterson to continue operate
his business. There was a discussion on zoning, non-conforming use, changing
the use, and maintaining the use ifthe property is sold.
Doug Hall, 2452 South 45th East, did not have any particular concern if the City
cares to annex the Petersen property. He has a serious concern regarding the
zoning the property would have. This property is currently part of Bonneville
County and has variances on it. Doug Hall has not objected to the variances Mr.
Petersen got in order to have his family business. However, he does have
serious objection to it suddenly becoming commercial property, which it never
has been. It has never been represented to him that there was any intention to
have the property be commercial. He understood Mr. Petersen's intent was to
sell the property to be converted to a private home. It does not make sense to
the neighborhood to have the property as a permanent commercial installation in
what is a basically residential area. There was a question about whether or not
a cabinet shop fits in a commercial zone. It appears it may fit in a GC-1 zone.
Michael Neff, 3852 East 17th Street, asked at earlier annexations about the
maintenance of the roads. He understood the County would probably continue
the maintenance of Crowley Road and 21St Street because the City was on only
on one side. He wondered if that would change with this annexation. The
County and the City usually work together on road maintenance. He also
inquired about fire hydrants if the City provides fire protection. The City facilitiesn
.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 6
would have to be expanded to provide capability to fight fires. Public Works
Director Wadsworth reported that he did not think any of the parcels, which were
proposed for annexation were far enough away that the City could not provide
good fire protection. There was no additional input on Parcel NO.2. Chairman
Hunsaker closed the hearing for public input and opened it for Commission
discussion.
.
Chairman Hunsaker expressed concern about whether the zoning should be
permanent or whether there should be a "grandfather" clause for the cabinet
business. He asked if anyone on the Commission had a problem with annexing
a residential property with a general commercial type use. The use is not a
particular problem for the neighborhood at this time. There is a problem with
zoning the property C-1 or GC-1 when going from adjacent RPA. The property
should be zoned consistent with the neighborhood. This would mean
recommending a zone consistent with the neighborhood with a nonconforming
use, which would have to be maintained. It was suggested that the City Attorney
should be consulted to assure the Commission follows the correct procedures. If
the property is annexed with a non-conforming use and someone purchases the
property from Petersens, expansion can not happen. The ordinance is specific
on regarding non-conforming use. Growth is one thing that is not acceptable.
The owner would be opposed to annexation with a stipulation that the non-
conforming use for the cabinet shop would not continue with a change of
ownership and the property would revert to a residential zone.
Kevin Murray moved to recommend annexation of Parcel No.2, Ted Petersen
property, with the zoning to be RP and that his operation be allowed to continue
to go on as long as it conforms to the current variances that he has in place.
There was a question about whether the zone should be RP or RPA. The motion
was corrected to state the recommended zone is RPA. Ron Folsom seconded
the motion. Voting was unanimous in favor. The motion carried.
Parcel No.3: Douglas and Lucinda Hall owns two acres of property at 2452
South 45th East. Ted Petersen's small parcel of property immediately north of
Mr. Hall's and the fairly large piece of property on the other side of the ditch are
not part of the City of Ammon. The piece of property immediately across the
street, which is believed to be owned by Keith Hanson, is not part of the City of
Ammon. The City of Ammon does not engulf him at this point. The City of
Ammon has to have a compelling reason for wanting to annex his property or we
have to agree there is a mutual benefit to taking this action. Dispatching fire
protection service is somewhat of a concern, however, the County should have
clear information available to dispatch prompt service. At this time the City
should not have to be encumbered to bring water and sewer service to his
property and he should not have to stand the cost to hook up to the service. He
. has a good well and a new septic system. He does not need the service at this
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 7
time. He has concern about animals. He has two pack animals, which are his
family's ticket to the backcountry. They are important and he does not want to be
put in jeopardy of losing the right to have animals. He asked the City to defer the
offer of annexation until such time as other properties across from him become
annexed and developed or City services are available in front of or across from
his house. He asked to be removed from the Planning and Zoning Commission's
recommendation to the City Council.
Mr. Hall pointed out the exact location of his property on the map. Members of
the Commission corrected his information about the properties currently annexed
to the City of Ammon and those not annexed. The Hall property is almost
completely surrounded by City of Ammon. Mr. Hall stated the properties are
undeveloped farmland and are actively being farmed. It makes more sense to
have Halls become part of the City when the other properties are developed and
city services are available. Since the area to the east is basically rural, Halls
prefer to defer annexation until surrounding properties take on development.
.
There was no further public input. Chairman Hunsaker closed the public input
portion of the hearing on Parcel No. 3 and opened the meeting for Commission
discussion. Ron Folsom said the City should not force annexation if he does not
want to be annexed and if we can not provide City services. However, the Hall
property is bound on three sides by City of Ammon. If Mr. Hall accepts
annexation, he will be able to waive the water connection fee when that service
becomes available and he is ready to hook up. It was suggested that the
Planning and Zoning Commission should make a recommendation on whether or
not they think the property should be annexed and let the City Council work with
Mr. Hall on a time frame.
Dick Bybee moved to recommend to the City Council to deny annexation of
Parcel NO.3 owned by Douglas and Lucinda Hall because, at the present time,
the City has nothing to offer in benefits for being annexed into the City even
though the property is bound on three sides by the City. Kevin Murray seconded
the motion. There was a discussion on the motion. Elaine McGary favored delay
of annexation until development occurs around the property and then annexation
should be brought up again. Doug Willden added that Mr. Hall benefits if the
Commission recommends approval and then he can negotiate with the City
Council regarding services. Chairman Hunsaker called for a vote on the motion.
Elaine McGary, Maxine Hardy, Greg Maeser, Kevin Murray, and Dick Bybee
voted in favor of the motion to deny annexation. Ron Folsom, Cindy Donovan,
Doug Willden, and Tom Hunsaker voted in opposition of the motion to deny. The
recommendation will be sent to the City Council. The motion to deny carried.
Parcel No.4: Doyle Parcel Anderson, 1954 South 45th East, is the owner of the
.
.
Planning and Zoning Commission Meeting, May 7,2002 - Page 8
property. The property owner was not present and there was no public input.
Chairman Hunsaker closed the public input of the hearing and opened the
meeting for discussion by the Planning and Zoning Commission.
The parcel is approximately two and one-half acres with a rock house on it, and it
is located a short distance south of East 17th Street on Crowley Road. It was part
of the Delmar Anderson farm, but it was omitted when the farm was sold to Lee
Gagner for development as Eagle Pointe. This parcel should be zoned according
to the surrounding Eagle Pointe. If it is zoned commercially, it should stay as an
agricultural or residential use for taxing purposes until it changes to a commercial
use.
Kevin Murray moved to recommend to the City Council that Doyle Anderson's
property, Parcel No.4, be annexed to the City of Ammon with a zone of C-1,
however, we would request that this property is not taxed at a commercial rate
but is taxed at a residential rate until such time as it is developed for a
commercial use. Ron Folsom seconded the motion. Voting was unanimous in
favor. The motion carried.
.
Request for Rezone in Eagle Pointe: Since a recommendation was made on
the Doyle Anderson property, it was decided to complete action on Lee Gagner's
request for rezone which was left unfinished in the first item of business. Dick
Bybee moved to recommend a rezone from R-1 to C-1 for the stated piece of
property owned by Lee Gagner in Eagle Pointe contingent upon the annexation
of the Doyle Anderson property as C-1. Kevin Murray seconded the motion.
Voting was unanimous in favor. The motion carried.
The public hearing on the annexation of the County Islands was continued.
Parcel No.5: Gary and Laraine Sant, 3665 Marlene Street, opposed the
annexation. Laraine Sant said that she has not heard enough good reason to be
annexed into the City. She related her experiences. Regarding fire protection,
she contacted the Bonneville County Division Chief in 1996 and her property was
flagged on their map to show it was under the jurisdiction of the County. Last
summer when she was working in her yard and a dog from City of Ammon came
into her yard and grabbed her leg. City of Ammon was called but it was Saturday
and the answering service said they would page the Animal Control Officer.
They waited and waited more than an hour and there was no response from City
of Ammon. So the County officer was called and he responded in fifteen
minutes. City of Ammon responded on Tuesday. An information letter from City
of Ammon states that dogs that bite must be destroyed. However, the dog is still
in the area. It is hard to say that she wants to be in Ammon when she can not
get service.
.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 9
Gary Sant added that they already have the services that annexation proposes to
provide. Sants have City of Ammon water. Sants are served by the lona
Bonneville Sewer District. They have City of Ammon garbage service. He thinks
the only thing that will happen is a raise in taxes. He does not want to give up his
animals. He needs a more persuasive argument. The Sants house has been on
City of Ammon water and garbage since 1978. Property taxes and benefits were
discussed. Mr. Sant said there is probably some logic to annexing them if the
City of Ammon can assure them that they will not be harmed. Keeping of
animals was discussed. There was no further public input on the Sant's property.
Chairman Hunsaker closed the public input portion of the hearing on Parcel NO.5
and opened the Commission discussion. Ron Folsom said he basically was of
the opinion that properties enclosed by the City on four sides should be annexed.
When Sants said they had city water, that confirmed his opinion. We usually do
not offer to provide water, sewer, and garbage service unless the property is
annexed. Ron supports annexation of the Sant property.
.
Ron Folsom moved to recommend approval of the Gary and Laraine Sant
property, Parcel No.5, as published for annexation with a zone of RP including
OL-6. Kevin Murray seconded the motion. The Sant property is 4.76 acres. It
qualifies for force annexation by the City, but the recommendation will be sent to
the City Council for action. Ron Folsom, Kevin Murray, Elaine McGary, Maxine
Hardy, Doug Willden, Cindy Donovan, and Tom Hunsaker voted aye. Greg
Maeser and Dick Bybee voted nay. The motion carried.
Parcel No.6, Floyd and Carol Morrow, 2433 South Foothill Road: The Morrows
were not present and there was no public input. Chairman Hunsaker closed the
hearing for public input on Parcel No.6 and he opened Parcel No.7, Jim and
Kathy Pasley, 2491 Foothill Road for public input. The Pasleys were not
present and there was no public input. The hearing was closed for public input on
Parcel NO.7. The Planning and Zoning Commission discussed why these
parcels were being considered for annexation. These two properties are located
at the end of Foothill Drive and were left out of the Quail Ridge annexation. The
water and sewer has not been extended on Foothill Drive to these two properties
but the services should be there in the near future.
Dick Bybee moved to recommend to the City Council approval of annexation of
Parcel No.6 and Parcel NO.7 with a zone of RP. Ron Folsom seconded the
motion. Voting was unanimous in favor. The motion carried.
.
Kevin Murray moved to recommend to the City Council that they hold a
public hearing to consider annexation with zoning on each of the County Island
parcels heard by the Planning and Zoning Commission at this meeting. Greg
.
Planning and Zoning Commission Meeting, May 7,2002 - Page 10
Maeser seconded the motion. Voting was unanimous in favor. The motion
carried.
Parcel No. 8 - Eleven Properties: The Commission agreed to consider
annexation of the eleven properties together but they would like to hear
individually from each of the property owners. Chairman Hunsaker opened the
hearing for public input. No one responded to a call for testimony in favor or for
neutral testimony.
Robert S. Hammon, 1485 South Ammon Road, presented a letter from Kim Hall,
3585 East 17th Street. Kim is adamantly opposed to annexation. Robert
Hammon stated that he was also opposed. He does not like the way that the
City has designed things. Fire protection is not what he wants.
.
David Craig, 1441 South Ammon Road, opposed annexation. He did not see
any benefits to annexation. He has Bonneville County police and fire protection
at the present time. He has a private well and is on lona Bonneville Sewer.
Leslie Grigg, 3623 East 17th Street, questioned annexation of his property. Wood
Funeral Home is already annexed to the City of Ammon. Mr. Grigg is happy to
be in Bonneville County. He has his own well. He is on lona Bonneville Sewer.
There is $2 difference in garbage collection. The County responded to a fire in
his yard. He sees no benefits. The City of Ammon offers to waive the $600
water connection fee when the property owner has to connect to city water. He
was offended by the communication he received from the City. A letter
suggested that if he had questions annexation was recommended. He did not
have any questions and he assumed that a non-response would mean he was
not interested. Another letter indicated since there was no response the City
planned to force annexation. This was very offensive. If the City would come to
him and say we would like to annex your property for these reasons and these
benefits, he would be more amenable to working with the system. He inquired
about State annexation laws.
Brad Pratt, 3683 East 17th Street, opposed annexation. He reported that
Charlene Mills and Reverend George Foster were unable to attend. They both
oppose annexation of their property. He did not appreciate the way the City
approached the annexation.
Chairman Hunsaker read the letter from Kim Hall, which was brought to the
meeting by Robert Hammon. Kim Hall can see no reason to want to be in the
City limits at this time. The only item he expects to see from the City is an
increase in property taxes with no benefit.
.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 11
Bob Hammon was asked to explain his concern about the fire protection issue.
Mr. Hammon said the acreages on Ammon Road are fortified with houses from
behind. There is no place to put a road in or to get a road in between the houses
if a fire starts. The property owners are having a hard time getting irrigation
water. The ditches are covered up. The weeds grow up and die. Those weeds
catch on fire so how are you going to send the fire truck in. There is no way to
get in from Ammon Road and there are ditches and houses to get around to fight
a fire from the subdivision side. The City is for residential, but there is no way for
the acreages on Ammon Road and East 1ih Street to blend in. There are cul-
de-sacs all over. There is no in and out road. The only access for the acreages
is on Ammon Road and it is a nightmare. He does not want to be part of the
stupidity .
.
Debra Taylor lives at 3130 Owen Street but she and her husband owns the
property on the northeast corner of Ammon Road and East 1 ih Street, 3525 East
17th Street. The Taylors are somewhat for and somewhat against annexation
depending on long range. She understands that two of the corners are already
annexed to the City of Ammon and zoned commercial. She would like to see
their property zoned commercial but keep it residential for taxing purposes until
sometime down the road when they have development plans. The City of
Ammon Fire Department is very good. She agreed to annexation with a
commercial zone.
There was an additional comment from the resident of 3852 East 17th Street. He
is in the City of Ammon but he is also part of Bonneville County. If people want
to remain in the County, they can participate in our government through the
County. A person is not a lesser citizen for being in the County rather than the
City. As a City, we owe responsibility to the County not just to the City. We are
State of Idaho citizens, and we are United States citizens. We pay County taxes
as well as City taxes. He can understand the City of Ammon trying to square its
boundaries and what the City is trying to do. However, he does not believe the
City should lay a guilt trip on property owners that the City is trying to force in.
Some of the eleven property owners were not represented. It was believed that
the Sieperts are against annexation. The owners involved in LaCrista Holdings
are in California. The hearing was closed for public input and opened for
Planning and Zoning Commission discussion. It was hoped that enough
information had been gathered for the City Council to look at.
Dick Bybee inquired about the mention of a roadway into or near the LaCrista
Holdings. It was determined it was a private access and not a dedicated
roadway. Chairman Hunsaker said there was nothing done about stubbing any
streets into the properties in Parcel No. 8 from the Briarwood development. He
. wondered about long range plans. The lots are extra deep lots. There is a
.
Planning and Zoning Commission, May 7, 2002 - Page 12
problem with annexing the properties that face Ammon Road because city water
service is not available to them at this time and they are directly across from
eighty (aO) acres of property that is not annexed to the City. It is different with
the properties that face East 17th Street because there is water service available.
Greg Maeser said, if we considered the eleven properties as one parcel, we
should recommend denial. However, Terry and Debra Taylor were interested in
annexing with commercial zoning, their property is contiguous with the City and
the commercial zoning is consistent with the Comprehensive Plan map.
Greg Maeser moved to recommend to the City Council denial of annexation of
Parcel No. a but to give consideration to separating out the property owned by
Terry and Debra Taylor with a possible initial zone of C-1. Dick Bybee seconded
the motion. Voting to recommend denial was unanimous in favor. The motion
carried.
.
Regarding the minutes of the Planning and Zoning Commission held
November 13, 2001, Greg Maeser did not have a problem except for some
typing errors and he recommended approval. Ron Folsom seconded the motion.
Chairman Hunsaker did not understand the sentence on Page 5 that reads, "Kim
does not know what the plans are or how big the campus will be but he does not
see the development being deterrent from the privacy." This is stated according
to Kim Leavitt's comments regarding the privacy of the campus. Another
concern is on Page 6, "Karen Anderson explained that they anticipate the traffic
will be generated from each of the different directions and that the intersection of
17th Street and Curlew Drive would induce people to use that intersection." The
sentence should be corrected to read, "Karen Anderson explained that they
anticipate the traffic will be generated from each of the different directions, but
the signal light at the intersection of 17th Street and Curlew Drive would induce
people to use that intersection." Greg Maeser moved to approve the minutes of
November 13, 2001, as corrected. Kevin Murray seconded the motion as
corrected. Voting was unanimous in favor. The motion carried.
I.
The next item of business was a request of Clea Fullmer for a sideyard variance
to allow a garage at 2705 Sawtooth. Clea Fullmer explained that there are
three homes on Sawtooth Street that do not have garages. There is an existing
cement pad of eleven (11) feet with five or six feet to the Fullmer fence line and
seven or seven and one-feet to the adjacent house. It was proposed to build a
garage on the pad. The frontage of the lot is only sixty (60) feet, which causes
the problem. Adding the garage will contribute to the value of the property. Clea
Fullmer plans to sell the house, but a sale is contingent upon the new owners
being able to build a garage on the side of the house. The Commission reviewed
the requirements for a variance to determine if the request met all the
requirements. The frontage of the lot is less than average; due to special
circumstances the property owner is denied privileges afforded other properties
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 13
in the same zone; the granting of the variance will not adversely affect the
Comprehensive Plan of zoning in the City; adherence to the strict letter of the
ordinance will cause unnecessary difficulties and hardships; and the applicant
has not caused the hardship. The applicant qualifies for a variance.
Ron Folsom moved to recommend to the City Council acting as the Board of
Adjustment approval of a sideyard variance for 2705 Sawtooth Street. Greg
Maeser seconded the motion. Voting was unanimous in favor. The motion
carried.
.
Chad Eldridge requested a landscape variance for Majestic Autobody, 1426
North 25th East. Chad stated that he may not be asking for a variance but for the
Planning and Zoning Commission to look at what the zoning requirement for
landscape setbacks were at the time Majestic Autobody was annexed into the
City of Ammon. The Commission had copies of the agreement with Kevin
Eckersell of Bonneville County when the property Chad Eldridge owns was
involved in the widening of 25th East. At that time they were forced to come u~
with a site plan that would work for the driveways that would access on to 25 h
East and on to 14th North (Majestic Autobody's south boundary). There is more
landscaping than required along 25th East. There is not any landscaping on the
south border along 14th North because at the time the plan was drawn there was
not a landscape requirement. At this time, they have installed the fire mains, the
curb and gutter, the sewer stub-ins, the grease interceptors, and the building pad
has been built previous to getting their building permit. Due to some delays on
receipt of plans for the steel building, they could not apply for a building permit.
They also experienced delays because of the extra amount of time in
constructing the sewer on 25th East and hearings between City of Idaho Falls and
City of Ammon regarding annexation. Chad Eldridge stated they understood the
engineer drawings and design would be accepted as part of the annexation to
City of Ammon. Instead of asking for a variance, Chad asked the City to
recognize they were told Majestic Autobody would be "grandfathered" in.
.
No one remembered seeing the original site plan. A review of the minutes did
not indicate any where that the site plan was discussed. There is thirty-five (35)
feet from 14th North to the building. They have a lot of large freight trucks that
drop off parts and a forklift that is needed to unload the trucks. There is not
enough room to continue that driveway access to allow for the trucks and part to
be unloaded. The idea for the two driveways on 14th North is a truck would pull
in on the first one and exit out of the second one. Chad also had an old plot plan
that was signed off and approved by Bonneville County before annexation to City
of Ammon. He could see the need for a landscape setback (buffer) between
residential and commercial but he could not see the need for one between
industrial and industrial. Two subdivisions are involved. One consists of ten
acres owned by Chad Eldridge and is called Majestic Acres. The other
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 14
subdivision is Lincoln Industrial Park. There was a sales pitch to get the property
into the City of Ammon. Chad Eldridge would like to continue development, and
there is only about ten or fifteen days to put in the foundation before the steel
arrives.
The Commission discussed the issue. One of the advantages fort annexing the
property was landscaping. Extra landscaping has been provided on 25th East to
help keep the City of Ammon beautified. Chad Eldridge was not trying to be
difficult, but it is too late to add the landscape area into the south side. There is
additional undeveloped property in the subdivision that he would be willing to put
landscaping along the face of on 14th North. The present landscaping ordinance
did not exist at the time of annexation. Some lesser landscaping ideas were
discussed. The Commission was not comfortable with a variance, but they were
more comfortable with sympathizing and a "grandfather" agreement. Details of
the building were discussed.
Ron Folsom moved to accept Majestic Autobody as a "grandfathered" item that
was instituted prior to our landscape ordinance and to accept the site plan
drawing as drawn. Dick Bybee seconded the motion. Voting was unanimous in
favor. The motion carried. The Planning and Zoning Commission members
agreed to sign off on the building permit review form for Majestic Autobody. The
plans meet the parking requirements.
Tim and Sheila Kent, 2585 Hillam Drive, want the City to eliminate the ninety-
nine (99) feet right-of-way on the south side of their property so they can build a
double-car garage and fence their property. Kent's lot faces Hillam Drive and is
part of Hillview Addition Division No.2. The right-of-way for Hillam Drive is
platted as sixty (60) feet. The south side of the property is along Rawson Street.
Rawson Street is platted in the Original Townsite of Ammon and the right-of-way
is ninety-nine (99) feet. The curb, gutter, and paving around Kent's property from
Hillam to Western Avenue on Rawson Street have been placed to eliminate the
ninety-nine (99) feet right-of-way on Rawson Street. Kents contend that their
right-of-way on the Rawson Street side should be sixty (60) feet according to the
curb and gutter and like Hillam Drive, but the City considers Rawson Street to
have ninety-nine (99) feet right-of-way. This issue has come up a number of
times but it has not been resolved the way the Kents want it to be.
Sheila Kent explained the details of how they want to add on to their garage.
When the request was presented before, Sheila understood the City Council
would consider her request if she would get a petition signed by all of the
property owners on Rawson Street to have the ninety-nine (99) feet right-of-way
changed. She got signatures from all but four property owners. Chairman
Hunsaker recommended that the Planning and Zoning Commission only look at
. Rawson Street from Western Avenue west and not address any of Rawson
.
.
Planning and Zoning Commission Meeting, May 7,2002 - Page 15
Street in the Original Townsite. The issue was discussed. If the right-of-way
were changed to sixty (60) feet that would add 19.5 feet to Kent's property and
19.5 feet to the property on the south side of the street. The Commission
wondered if that would give Kents all they needed to do what they wanted to do
because the required setback from Rawson Street would be thirty (30) feet. After
doing some figuring, it was estimated that addition of 19.5 feet would give the
Kents more yard but it would not allow them to extend the garage as much as
they wanted. It would establish a new property line and give them a guideline for
placement of a fence. Ideas were brainstormed. The School District may decide
to bridge the ditch and extend Rawson Street into Sand Creek Middle School. It
would be good to have uniform right-of-way for all of Hillview Village.
Greg Maeser moved to recommend to the City Council that they consider
abandonment of everything above sixty (60) feet of the right-of-way on Rawson
Street as it goes into Hillview Village west of Western Avenue. Ron Folsom
seconded the motion. Voting was unanimous in favor.
.
The next item of business concerned confusion about the site plan of Eagles
Landing. The clubhouse building proper for Eagles Landing will be set back a
full thirty (30) feet as required from both Eagle Drive and Derrald Avenue. They
have an overhanging roof, which we allow up to one-third of the easement, so
that would be up to ten (10) feet and they are within that requirement.
Undeneath these overhanging roofs on both the south and west sides there are
two (2) feet columns tapering as they go up. Our ordinance states that the
setback is measured from the street to the building and anything that is projected
therefrom like bay windows. Does this also include the columns? Does it exclude
the columns as far as measuring from the columns to the street or from the
building side to the street? Ron Folsom said that is a front yard description. The
front yard is basically from the street to the house, so which is the front yard and
which is the side yard? Can they have the columns on one side and not the
other? Traditionally the front yard is the main entrance to the building. The main
entrance to this building is internal, so are the columns on side yards or rear
yards? Do we use the front yard classification or do we use the setback, which
says the shortest distance between the property line and foundation, wall or main
frame of the building? The columns are not the foundation or main frame of the
building. If we use the setback, the columns are fine, but if we use the front yard,
the columns are not because projections are included. Columns are not
projections, but the roof is a projection. The discussion continued, and the
building drawings were reviewed. By way of clarification, it was decided that the
columns are not a problem. Everyone agreed that the columns are not included
and the clubhouse is okay.
.
.
Planning and Zoning Commission Meeting, May 7, 2002 - Page 16
Building permit review plans were signed. Councilmember Randy Waite reported
on City Council actions, and Kevin Murray reported for Bonneville County. The
meeting was adjourned at 11 :30 P.M.
Chairman
Minutes recorded by Terri Scott and edited by Aleen Jensen
Minutes approved
.
.