Loading...
HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_12092020PLANNING AND ZONING MEETING IONA COMMUNITY CENTER December 9th, 2020 6:30 P.M. PRESENT: Chairman James West (via teleconference), Member Ray Hart, Member John Lott, Member Gary Elliott and City Office Assistant Ry lea Farrens. ABSENT: Member Dee Johnson VISITORS: Mr. & Mrs. Thomas McIntire , Justin Biggs , Clark Morsbach , Doug and Sherrie Elliott, Gary and Mary French , Joanna Stark, Jaxon Stark, Devan Thompson , Michelle Bateman , Kory and Collette Bingham , Jason and Amber Vest, Nick and Janell Fullmer, Ryan Krantz , Robert Denning, Dave Noel , Jeremy Wheeler, Louise Bryan , Mike Bryan , and Bill Koester. Acting Chairman Ray Hart welcomed everyone and led with the Pledge of Allegiance . Approval of Minutes: Acting Chairman Hart entertained a motion. Member Lott moved to approve the minutes for November 4th , 2020. Member Elliott seconded the motion. All in fa vor, motion carried. Items of Business: Public Hearings Ordinance to Amend Iona City Code §§ 10-1-7, 10-1-8, 11-8-4, 11-14-1 and 11-14-3; pertaining to Public Hearing Requirements Chairman West notes that we had a discussion on this last meeting . It 's now an action item for us to vote on. Clerk West explained the City Code to the public in attendance. The y ask if the City Attorney has looked over it , and Clerk West mentions that he wrote it. Acting Chairman Hart opens for comments from the public. There are no comments, and they bring it back for discussion. Member Elliott states that they 've already discussed it , it seems redundant because they're making recommendations for City Code ; they are an advisory committee who sends it to the City Council for a vote. Member Lott made the motion to approve the Ordinance to Amend City Code 10-1-7, 10-1-8 , 11-8-4 , 11-14-1 , and 11-14-3 pertaining to Public Hearing Requirements , Member Elliott seconded , all in favor . Preliminary Plat Application Elim Estates Acting Chairman Hart invites Dave Noel , City Engineer with Forsgren to speak first. He mentions the submitted the letter, identifying the requirements in the ordinances , and where there is non-conformance . They are in violation of the maximum of 400 feet for a cul de sac. They need a second access point in order to meet code. Even with a second access point, the cul de sac w ould be over the 400 feet code . They would need the future roadway platted in order to be in compliance. Member Elliott says that it isn 't impossible, but it is definitely a challenge. Mr. Noel mentions that he has six other items of concern , but this one is the most important to be remedied. Chairman West asks the affidavit of legal interest to be defined. Mr. Noel explained that it's the paperwork that says they have the authority to do this kind of plat. You have to have the authority to plat the property . They don't have to own the property, just have written permission. In this case he needs to have permission from the Mclntire's, Josh Williams , and the LDS Church. There is a sliver of the property that belongs to Josh Williams. Devan Thompson comes to the microphone , representing the developer. They own the property that used to belong to the Heaton 's. He states that they are planning on coming back with a new proposal next month , because of things that he has discussed with the Mayor, and other people who have previously owned the property. He states that there is still a lot to be figured out, nothing is final, it 's just a proposal. The original proposal was to have one road , and he believes that is the best use. There is an ordinance that states that the road cannot be longer than 400 feet if it is a dead end road. They 're trying to correct the issues that have been created from land locking the properties around them . If they can 't get access through Rockwood Avenue there is no other way to get access to the McIntire property . Mr. Thompson stated he would love to work with the people here to come to an agreement that works for everyone. He states that they have to give contiguous properties access. Rockwood Avenue would be a way to give the Mcintire 's access to that property. The developers have changed the plat, but it hasn 't been updated. He wonders if the City would work with them to make sure this property doesn 't become "dead ". Mr. Thompson states that they have tried this other ways , but no matter what way they have worked it , it seems unworkable. They prefer to have only one road. Member Elliott wonders if it is possible to make a variance because it is landlocked . Clerk West states that they can apply for a variance before they submit a preliminary plat. It would have to go through the public hearing process. Mr. Thompson states that the City has kind of created this issue. He remembers that the Homer Addition had access to these parcels. Chairman West asks if they have talked to the Church about making an access road there. Mr. Thompson says that it is so difficult to talk to someone who can make a decision. They're considering putting a park in , but hopefully they can get permission before the final plat phase. Mr. Noel mentions that the 400 foot rule is a common rule because it allows the firefighters access to the homes in the back if the access from the road was blocked. Mr. Thompson says we need to correct issues that have been created in the past. He doesn 't want to have a four acre lot in the back with the rest of the lots sitting on half of an acre. The Williams Property is wide enough for a road going all the way back. A road access is valuable ; they 'd want two access roads anyway. Mr. Thompson is planning the road to be 70 ft. wide , with easements . There are typically 15 foot easements on either side of a road . Member Lott wonders if they have looked at all of the options. He asks if they can take the road all the way to Crowley ( 45 th East). This is unable to work because it would have gone through other people's properties . He asks about some City properties, but it is not contiguous with his property . They are no longer considering Josh Williams property. Member Elliott asks how long Rushton Circle is . The final plat for Rushton had a stub for where Freedom Field is. The City Council allowed them to develop that. Rushton Circle is longer than 400 feet , they had a stub out, but the City Council didn 't require Freedom Field to connect it. Mr. Thompson says they would love to give the two accesses by stubbing the road , but when the church property gets platted , he doesn 't know what would happen . Chairman West says as the code stands , in order for him to have a final plat approved on this property the City would require a preliminary plat of any properties he plans to connect to. The church would have to pay for and approve a preliminary plat for that road for their final plat to be approved. Our preliminary plats are only recognized in our records for one year. Chairman West asks that we move on through the public hearing, and come back at the end. Acting Chairman Hart reads a letter from the Williams family on record . Acting Chairman Hart opens it up for public comment. Robert Denning, of 4901 E. Iona Road comes to the microphone. He is not against it, but when the south Barnes Addition went in, even though it's written in the law that the water rights need to be maintained , there were fights over the water rights. They dealt with the issue after it became an issue, instead of working it out ahead of time. They intend to keep their water rights , and water with the ditch. Even partially blocking it and reducing water flow can happen with development. He wants to make sure that the water access and the easement to the ditch is well maintained . Gary French, of 4983 E. Hansen comes to the podium. He also wants to make sure that they have access to the ditch water, and that it is well maintained. Doug Elliott of 4875 E . Hansen Ave comes to the mic and expresses concern about being annexed into the City He is on a septic system and worries that he would have to change to City sewer if his property was annexed. Clerk West clarified that only the development would be annexed. Joanna Stark of 3770 N. Haderlie Ln . comes to the mic and states that she is opposed to the road ; she is worried about people speeding. They are in support of having one street with a variance. They think that Mr. Thompson would do a phenomenal job, and so they like the idea of having that area developed , but they don 't want through traffic on their street. Nick Fullmer of 3780 N. McKibben Ln. approaches the stand. He states that Homer Estates has covenants that all of the lots are to be used for residential purposes ; because of this the lot should not be considered for a road. Clerk West notes that the City doesn 't enforce neighborhood covenants . Clerk West states that there are covenants that are not being enforced , because no one is enforcing them. She stated that they would have to have an HOA enforcing it. Ryan Krantz of 3840 N. McKibben Ln. comes to speak. He doesn't want a road through the neighborhood. There are different options . Josh Williams , owner of the property east of the preliminary plat approaches the microphone. He is not against any kind of development if it 's done in proper order. He asks to go on record requesting access to his property. Kory and Collette Bingham of 4898 E. Rockwood A venue Ave. comes up to speak. They are in opposition. They purchased in that neighborhood because of the accesses , and they think a through street would change the value of the neighborhood. Justin Biggs of 4960 E. Rockwood Avenue Ave. approached the podium . They were under the impression that Rockwood A venue was going to be 100% residential lots , with no access in or out. He doesn 't believe there is enough law enforcement to maintain the speed limit, because there are already people who aren't following the law. He asks if we can we go back and look at the meeting for what was approved for Homer Estates. Thomas McIntire of 4700 E 41 st N. approached the podium. He owns the property involved in the preliminary roadway. When Homer Estates was established , there was going to be a road somewhere along the south boundary , which was sold off as a lot. When they came in and were looking at access for their property through the south east comer, they went to the City Council , and requested that they have an access point somewhere along the west boundary of Homer Estates . Now they are in a situation where in order to have access to their own property, they need that property on Rushton Circle. They haven 't authorized any roads to be built through their property. Ramona McIntire of 4700 E 41 st N, Idaho Falls approaches the podium. She states that when Homer Estates went in Rockwood A venue knew they would land lock their hayfield. She told them they needed to maintain an access in . Bonneville County said they didn 't want that land landlocked. Rockwood A venue wanted them to pay for a full lot. The City wanted to box them in , and wanted them to have a preliminary plat for that land. They have no desire to put a road in or develop the hayfield at this time , or for another l 0-15 years. They are concerned about being landlocked , that 's why they bought that lot. They own the hay field and a property adjacent. Mr. Thompson , the representative for the developer asks if there is a private ditch , on the north side of the Heaton and William 's property . The water rights precede anything else. They are not trying to harm anyone around them. As far as the proposed road-he disagrees with it , but that's what the mayor suggested . He wants the City needs to acknowledge that they've created issues. They'd love just one road in. The original plat fell apart, they 're not asking to approve this because they are going to need changes. The ingress and egress is a big issue . There needs to be some concess10ns. 'Chairman West moves that they send a do not approve recommendation to the City Council. Member Lott seconded the motion. All in favor , motion carries . Member Elliott made a motion to adjourn. Member Lott seconded the motion -all in favor. Meeting Adjourned: 7:47 p.m. P&Z APPROVED: January 13, 2021 0---