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Council Minutes 10/21/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 21,2004 The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Councilmember W. Lee Bean Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Engineer Bill Manwill City Clerkffreasurer Diane Gempler City Officials absent: City Administrator Bruce Rose Councilmember Bean led the Pledl!e of AIle2iance to the Flal! and, Councilmember Thompson offered a Draver. Minutes October 7. 2004: Councilmember Waite motioned to approve the October 7, 2004, minutes with the addition of wording with regard to the developers' intentions added to the Johnson/Ammon Road rezone discussion. Councilmember Anderson seconded. Roll call vote: Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Public Comment - Items Not on Al!enda: Consent A2enda: Councilmember Anderson motioned to approve the Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Items from Mavor: PUBLIC HEARINGS: Mayor Ard explained the hearing process and swore in those individuals desiring to testify. Mesa Loma Request for Annexation with Initial RP Zoninl!: Notice of the Hearing was published in the Post Register on October 7 and October 14, 2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property and, to other parties of interest. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located south of Sunnyside Road and east of the Ammon Cemetery, consisting of 229.13 acres. The property is contiguous with the City of Ammon along Sunnnyside Road. Planning and Zoning Chairman Doug Willden reported that the Commission voted five for and one against recommending that the Council approve the requested annexation and initial zoning. The Commission discussed the possibility ofRE zoning, however, it was not felt appropriate to allow animals in that area. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer. Gary Roberts 6134 E. Sunnyside, testified that he purchased his property with the assumption that the area was being developed with 3 to 3 Y2 acre lots. He feels that smaller lots may reduce his property value. Mr. Roberts City Council 10/21/2004 - 1 emphasized a need to ensure there is adequate storm drainage if the subject property is developed. He is also concerned that traffic will be increased on Sunnyside. If the annexation and zoning is approved, Mr. Roberts would like the lot sizes on the perimeter (adjacent his property) be increased to be more in line with neighboring properties. Jackie Loop 3239 Lauralwood, testified she is in agreement with Mr. Roberts. Ms. Loop indicated she would prefer that the Council zone the property similar to that of Rim Rock Estates. She feels that RE Zoning, with a minimum I acre lot requirement would be better. The developer indicated they are anticipating 1/2 to 1 acre size lots, similar to those in Quail Ridge. Carol Roberts, 6134 East Sunnyside, testified she is opposed to the annexation and initial RP zoning. She feels that houses (crackerboxes) along the hilltop will detract from the view. She voiced that the City may be overtaxing services, especially where fire and traffic are concerned. Tom Hunsaker, 2925 Carolyn Lane, testified that the County Comprehensive Plan encourages minimum housing density in areas were the slope is unstable. It may be that a soil study should be completed prior to granting minimum lot sizes. He has heard concerns from the Fire Chief regarding the distance of the property from existing fire services. Mr. Hunsaker is in favor of the annexation with initial RP zoning, with lot size restrictions based on slope stability. Harry Hydecamp, 3149 South Lauralwood testified he is opposed to the proposal. Mr. Hydecamp stated that he feels multiple acre lots are best for the area. He feels that traffic will become a safety issue, and that the demand for water will draw down the aquifer. His preference is that the view stay as it is. Ifpassed, Mr. Hydecamp wants a guarantee that the lots will be larger than Y4 acre. Mayor Ard closed the public hearing. George McDaniels, the developer, stated that he anticipates larger lot sizes in the development. Mr. McDaniels also stated that he doesn't see a problem with platting larger lots along the Laurelwood properties. The Council discussed the requested annexation and initial zoning Councilmember Anderson motioned to approve the Mesa Lorna annexation with initial RP Zoning subject to completion of an acceptable annexation agreement. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. ACTION ITEMS: Mesa Lorna Annexation A!!reement: The Council discussed the proposed annexation agreement. Councilmember Waite motioned to approve the Mesa Lorna Annexation Agreement with the addition of 'the foregoing shall be at the cost of the developer' following 'The development of this property may require installation of additional water and sewer lines across adjacent property or along existing roadways. If installation occurs, the City shall establish a per lineal foot cost for the water and sewer line running outside of said development and shall apportion the cost one half to each side of said water and sewer lines.' in SC-l, and SC-2 'All lots shall be a minimum of 0.50 acre with the exception of the lots that abut the Laurelwood Subdivision which said abutting lots shall be a minimum of 1.0 acre.' Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson -Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Christensen Annexation with Initial RP-A Zonin!! & Ordinance No. 352: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of East 21st South and the Cottages Addition to the City of Ammon, and east of 52nd East and consists of .64 acres. The request is in compliance with the Comprehensive Plan. Public Hearing was held before the Planning and Zoning Commission at their October 6, 2004 meeting. There was not any testimony opposing the requested annexation. The Commission voted unanimously to recommend the Council approve the annexation with initial RP-A zoning. Stephanie Christensen, the applicant, addressed the Council and answered their questions regarding the requested annexation and initial zoning. The Council discussed the requested annexation and initial zoning Councilmember Anderson motioned to waive any further hearing of the requested annexation. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. City Council 1 0/21/2004 - 2 Councilmember Bean motioned to approve the Christensen annexation with RP-A Zoning as requested. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson -Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Bean read Ordinance No. 352, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (CHRISTENSEN PROPERTY). by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson -Yes, Councilmember Thompson - Yes, Councilmember Waite -Yes. The motion carried. Councilmember Bean read Ordinance No. 352, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (CHRISTENSEN PROPERTY) . by title and motioned to adopt Ordinance No. 352 on its third and final reading. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson -Yes, Councilmember Thompson - Yes, Councilmember Waite -Yes. The motion carried. Ordinance No. 351- Rezone Johnson/Ammon Road RP-A to R3-A: This rezone was approved by the Council at their October 7, 2004 Council Meeting. Councilmember Bean read Ordinance No. 351, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE: specifying that the property Beginning at the West Quarter of Section 26, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho and running thence NOOoO 1'05"E along the section line 882.50 feet to the South right-of- way line of Brookfield Lane thence; East 323.31 feet to the West line of a property described in a document with instrument number 955775 thence; South 390.45 feet thence; S89023'08"E 73.12 feet thence; South 327.82 feet thence; East 266.80 feet to the West line of the Utterbeck Addition, Division No.1, City of Ammon, County of Bonneville, State ofIdaho, according to the recorded plat thereof; running thence South 163.45 feet along the West line of said addition to the East West section line; thence West 663.21 feet along the East West section line to the Point of Beginning containing 8.38 acres being zoned R3-A. by title and motioned to dispense with the rule requiring the reading of the Ordinance on three different days and that the three readings be waived. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson -Yes, Councilmember Thompson - Yes, Councilmember Waite -Yes. The motion carried. Councilmember Bean read Ordinance No. 351, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE: specifying that the property Beginning at the West Quarter of Section 26, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho and running thence NOooOl'05"E along the section line 882.50 feet to the South right-of-way line of Brookfield Lane thence; East 323.31 feet to the West line ofa property described in a document with instrument number 955775 thence; South 390.45 feet thence; S89023'08"E 73.12 feet thence; South 327.82 feet thence; East 266.80 feet to the West line of the Utterbeck Addition, Division No.1, City of Ammon, County of Bonneville, State ofIdaho, City Council 10/21/2004 - 3 according to the recorded plat thereof; running thence South 163.45 feet along the West line of said addition to the East West section line; thence West 663.21 feet along the East West section line to the Point of Beginning containing 8.38 acres being zoned R3-A. by title and motioned to adopt Ordinance No. 351 on its third and fmal reading. CounciImember Anderson seconded. Roll call vote: CounciImember Bean _ Yes, CounciImember Anderson -Yes, CounciImember Thompson - Yes, CounciImember Waite -Yes. The motion carried. Fox Hollow Division #2 Amended Plat and Develooment A!!reement: City Planning Director Ron Folsom presented slides of the proposed replat, the general vicinity and location of the property. The property is located in the northeast comer of Fox Hollow Division #2. A replat of this property was approved in July 2004. The July 2004 replat has not been recorded. At their October 6, 2004 meeting, the Planning and Zoning Commission voted unanimously to recommend the Council approve the replat. Ryan Loftus of Aspen Engineering, 10265 North Dorian Avenue, Idaho Falls, presented the requested replat for the developer and answered the Commission's questions. This replat changes the previously approved replat from 9 lots to 10 lots. The Council discussed the proposed replat, specifically whether a street should be stubbed to the North to meet with the street platted in the county. CounciImember Bean motioned to approve the MRD Ventures Fox Hollow #2 amended plat as presented. CounciImember Waite seconded. Roll call vote: CounciImember Bean - Yes, CounciImember Waite - Yes, CounciImember Thompson - No, as he feels the street should be platted to the north, CounciImember Anderson- Yes. The Council discussed the proposed development agreement. CounciImember Bean motioned to approve the MRD Ventures Fox Hollow #2 Development Agreement as presented. CounciImember Anderson seconded. Roll call vote: CounciImember Bean - Yes, CounciImember Anderson - Yes, CounciImember Thompson -Yes, CounciImember Waite - Yes. LDS Church - Request for Ri!!ht-of-Wav Vacation - Selwav Street. Request for Special Use Permit for Parkin!! in an R-l Zone. and Reciprocal Parkin!! A!!reement: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The applicant is requesting that the City vacate the Selway Street right-of-way between Bittern and Avocet. Public Hearing was held before the Planning and Zoning Commission at their October 6, 2004 meeting. There was not any testimony opposing the requested Right-Of-Way Vacation. The Commission voted unanimously to recommend the Council vacate the Selway Street right-of-way between Bittern and Avocet. Scott Neilson, 1990 John Adams Parkway, presented the request, indicating the requested right-of-way vacation will facilitate provision of additional parking for the Selway Street building, and minimizing the need for members to cross streets to enter the building. The Church is willing to replace the concrete parking area(s) at Lyon's Park in consideration of the right-of-way vacation and reciprocal parking agreement; and, will time the completion of the parking area to allow the City to participate in the construction, replacing the sidewalk and drainage valley at the time the parking area is constructed. The Council discussed the requested right-of-way vacation and reciprocal parking agreement CounciImember Bean motioned to table the requests to the November 18, 2004, Council meeting, further discussions to be held at the next Council work session. CounciImember Thompson seconded. Roll call vote: CounciImember Bean - Yes, CounciImember Thompson - Yes, CounciImember Waite - Yes, CounciImember Anderson - No. The motion carried. ReI!ional Water Plannin!! Study - Ammon/Falls Water Service Areas: The Council reviewed the map deliniating the proposed water service areas. Items to be included in a memorandum of understanding between the City and Falls Water were discussed. Schiess and Associates will prepare a draft memorandum of understanding. November Work Session: City Clerk Diane Gempler asked the Council their preference regarding the November work session. The regularly scheduled meeting falls on a federal holiday. The Council rescheduled the meeting to Wednesday, November 10,2004, at 4:00 p.m. City Council 10/21/2004 - 4 Miscellaneous Discussion Items: Councilmember Bean motioned to adjourn. Councilmember Waite seconded. Meeting adjourned at 11 :50 ~ p.m. --lL__ City Council 10/21/2004 - 5