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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_11042020PLANNING AND ZONING MEETING IONA COMMUNITY CENTER November 4, 2020 6:30 P.M. PRESENT: Chairman James West, Member Ray Hart, Member John Lott and City Office Assistant Rylea Farrens. ABSENT: Member Gary Elliot and Member Dee Johnson . VISITORS: Bryan Shumway , David L. Slade , Dave Noel , Bill Koester, Curtis Johnson and Kurt Rowland. Chairman West welcomed everyone and led with the Pledge of Allegiance. Approval of Minutes: Chairman West entertained a motion. Member Lott moved to approve the minutes for September 9th, 2020. Member Hart seconded the motion. All in fa vor, motion carried. Items of Business: Public Hearings Preliminary Plat Application Sunrise Acres Chairman West reviewed the order of meetings. Kurt Rowland of Eagle Rock Engineering representing the developer approached the podium. Proposing 33 lots in the development, averaging > 1 acre. There will be a park, and an indoor basketball court, maintained by HOA, water and sewer, a drainage swale on the side, sidewalks, street lining, landscape on the outside of the development on the road , and an easement. He stated Craig Rockwood has agreed to let the water and sewer go through his property. Chairman West discloses his vested interest in the plat, because he and his wife have secured a lot. Chairman West states that the city code requires that streets that are at least 400 feet are unable to dead end. The plat currently has one road that is not up to code, Sunrise Lane , adjacent to Rockwood's property , which needs to become an access road or a cul-de-sac in order to satisfy the code 's requirement. Chairman West states that the city code requires that this not onl y be indicated, but preliminary platted. Rockwood hasn't planned to preliminary plat that land yet. As it sits this section needs to have a cul-de-sac , or Mr. Rockwood needs to submit a preliminary plat for an access road to 49 th North. It cannot be approved without this stipulation. City Engineer, Dave Noel , has just seen the updated plat. He notes that comer lots need to be 10% larger than all of the other lot sizes . In this development , the average lot size is 1 acre. Comer lots would need to be 1.1 acre or larger. The NW comer lot , lot 2 is currently .9 acre . Developer , Curtis Johnson , stated he contacted Forsgren Engineering, and Kylie stated that if the lots are over .5 acre this code doesn 't apply. Mr. Noel states the water would need to be taken from 41 st North and looped into 49 th North , in order to provide adequate water to all of the homes in the development. He suggests that the city needs to have their water lines in road right-of-ways for maintenance purposes. The changes the developer has made seem to satisfy the water line issue . They would need a preliminary plat that includes the two properties adjacent to 41 st North , which would be affected by the water line movement. It would be helpful to have preliminary plats for these other two properties. This would also solve the first problem with the lack of a plat for a cul -de -sac on Mr. Rockwood's property. Mr. Noel stated in the previous submission the sewer connected on 41 st North . Iona Bonneville Sewer District (IBSD) has invested funds to install a 12 inch sewer line on 49th North heading east, which currently terminates 1 mile to the west in Sand Creek. That line needs to continue to the east to allow for development along 49 th North . IBSD might be willing to help fund this movement. In order to put the sewer in , it would come with stipulations from the state because it would not be in compliance with minimum state code, because of the low slope. A waiver might be provided , but it would come with strings attached , (ex. perpetual maintenance costs) that IBSD wouldn 't be willing to accept. Mr. Noel continued and stated the sewer would need to head west on 49th North, in order to comply with IBSD and be accepted by them. As written it will probably not be accepted by IBSD. Member Lott asked if they had considered sewer through Mr. Rockwood's property . Noel states that it would be in compliance with Department of Environmental Quality (DEQ) rules , but the distance is excessive at the depth it is at. The line is 23 feet deep , which would be about 18 feet deep when it met this property, which is doable but not cost effective. Chairman West asks for any residents to stand in support, neutral , or against the project. Brian Shumway of 4840 N. 45 th E. has property adjacent to Sunrise Acres. They 've lived here a little over a year, and they own 10 acres. They 've got animals, and their intent was to maximize the use of the land he owns . He feels that the development won 't have positive effects for the current residents. He is concerned about how the new residents will view his property and animals. He also worries that people will be upset about noise and smell, and that people won 't be kind to his animals. He is concerned that the water from the ditch that he uses will be contaminated , or minimized to accommodate the new homes. He is concerned with the zoning of his property , and whether that will be affected by this change , and traffic and mentions the amount of wrecks on 49 th North and 45 th East. Chairman West says that this will not affect his zoning , because he is part of Bonneville County. His property is not within the City of Iona limits , and his zoning will not change . He says that we appreciate agriculture in our city . Member Hart agrees. Dave Slade of 4751 E. 41 st N. approached the podium. He resides on the southern tip adjacent to Sunrise Acres. He asks when Mr. Barnum sold the property who gained the water rights. The water rights will still be fed to each of the properties. He asks if Mr. Rockwood has planned to develop , and the developer states that it could be far down the road , but he still needs to discuss it in depth with Mr. Rockwood. Mr. Slade mentions that there will be another access road , and it will continue to make more traffic , which can affect his pets. He is concerned that they could be in danger of getting hit by cars . He mentions when people come out of the Freedom Field Subdivision they accelerate very quickly. Chairman West asks if he has reached out to the Sheriffs Office , and the sheriff replied that they were focusing on 55 th East. Chairman West gives the time to the applicant to answer questions , give rebuttals , etc. Mr. Rowland of Eagle Rock Engineering , referring to the irrigation rights , states that the developer wants to put an irrigation system in for the lots with the rights that he has. As far as sewer and water, they will need to contact Forsgren to work with IBSD. For the culinary water they'll loop it from the east and tie it into Freedom Field 's. Member Lott asks what we know about Mr. Rockwood 's property , and we don 't know what he plans to do with it going forward. He is concerned about land locking a property if they don 't create an access road. The developer thinks Mr. Rockwood would agree to a preliminary plat , but hasn 't made a decision as to when. They don 't have any plans currently , but have thought about it in the future. They might be okay with a preliminary plat. Chairman West states that it expires after a year. Mr. Noel was stating that currently the sewer is a mile away. This is unfeasible for this project at that distance and that depth . Member Hart asked if turning it back towards the city would be detrimental to the city, and how the sewer works for the residents. Forsgren states that there is no issue with turning it back, but there are costs associated with turning the sewer, and there will be added costs going forward for yearly maintenance . They would have to lay it at a slope that is less than the state minimum. In order to lay the sewer line , IBSD would have to commit to an increased maintenance schedule. The HOA might be able to help offset those costs. IBSD would have to make that commitment to the state. The engineers are hoping to avoid the lift station, due to the amount of maintenance they require. Mr. Noel of Forsgren says he doesn 't think this affects what is happening at this meeting. Chairman West closes the public hearing and opens conversation amongst the Planning and Zoning Commission. The Commission discusses the amount of access roads , and how many are appropriate for this project. Chairman West entertains a motion and agrees to move forward with this preliminary plat with contingencies that pursuant to the city code there is an additional preliminary plat for Mr. Rockwood ' s property prior to the final plat, or they update the plan to fix the code violations. Member Hart made a motion to recommend it move forward to the City Council for review , with the stipulation that prior to the final plat it needs to meet city code. This can be achieved by addressing the 600 foot road connected to the Rockwood property , and coming to a clear understanding of how to move forward with the sewer district. They find that it meets the other conditions of a preliminary plat. Member Lott seconded the motion. All in favor , motion carries. Discussion of necessity for two Public Hearings on Land Use Applications Planning and Zoning would still get the information to review and approve first , but the requirement for the public hearing that the parties involved would need to come to both meetings would be removed. Chairman West entertained a motion. Member Lott made a motion to have only one public hearing for land use applications, and that we will review the information before it goes to the City Council. Member Hart seconded the motion. All in favor, motion carried. Chairman West made a motion to adjourn the meeting. Member Lott seconded the motion. All in favor, motion carried. Meeting Adjourned: 7:29 p.m. P&Z APPROVED: ~---t,""'C"-::h;::,iaFi-rm~=-a-n:::::::::=--- Rylea Farrens, Assistant Clerk