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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_09092020PLANNING AND ZONING MEETING IONA COMMUNITY CENTER September 9th, 2020 6:30 P.M. PRESENT: Acting Chairman Dee Johnson, Member John Lott, Member Gary Elliott, City Clerk/Treasurer Keri West and Office Assistant Rylea Farrens. ABSENT: Chairman James West and Member Ray Hart. VISITORS: Russell Spain, Carol Spain, Sandy Elkington , Doug Tolbert , Beckie Tolbert, Scott Kelly and Clint Jolley. Acting Chairman Johnson welcomed everyone and Member Elliott led the Pledge of Allegiance. Approval of Minutes: Acting Chairman Johnson entertained a motion. Member Lott moved to approve the minutes for August 12, 2020. Member Elliott seconded the motion. All in favor, motion carried . Items of Business: Final Plat Application-HLE, Inc, Pam Addition on the NW corner of 49th and 55th E. Acting Chairman Johnson asks for the owner to step forward, they are absent. Clerk West notes that the plans were approved by the City Engineer. Acting Chairman Johnson asks for anyone who is in favor of, neutral to, or opposed to this application. No one steps forward. He notes that one of the main concerns was one of the houses being close to 55 th E. and having 4 driveways there. Clerk West explains there is a 60 foot right of way on 49 th and 5 5th which is up to the city's code requirements. Acting Chairman Johnson asks if there has been any discussion about the speed limit being at the city limits. There would be 6 driveways in a short period, the city has previously discussed moving the speed limit. Clerk West states the City Council discussed moving the speed limit sign to be before Joanne and Jerry Hansen's home . This will be the end of the city limits on 55 th • Acting Chairman Johnson states that it would be safer to have a 35 mph speed limit. They question if the City Council has discussed whether they would be changing the limit on Telford Road as well. Clerk West states they have not discussed it due to the fact that part of the road is a county road , even though some of the homes are in the city. Acting Chairman Johnson asks if there is any further discussion. Clint Jolley of HLE arrives and says they made the lots go all the way to the back of the existing property line and made them a little bit bigger. Chairman Johnson notes there will be a 60 foot easement on the side. Clint Jolley of HLE says it's a county road and an arterial , so that is the requirement if they ever wanted to develop it. It is a road right of way. Acting Chairman Johnson questions who will be responsible for maintenance of the 60 foot easement. Clint Jolley of HLE, mentions the county would be technically responsible for the right of way maintenance. The county and the residents and the people who have the homes will have to have some kind of arrangement for the fence . Their fence would have to legally be moved back the 60 feet. Clerk West mentions that the city has a new fencing ordinance , which would require them to get any fencing approved . The lots are already approved for Iona Bonneville Sewer District hook­ ups , and city water. Acting Chairman Johnson asks about planting Trees. Clint Jolley HLE says that it's not technically allowed , but it happens. The resident has to understand that that they will have to move them if the county needs to make an intersection. There is existing approval from the utility companies. Acting Chairman Johnson entertains a motion. Member Elliott makes a motion to recommend approval of the Pam Addition Final Plat to the City Council. Member Lott seconds the motion. All in favor , motion carries . Conditional Use Permit Application -Doug Tolbert to work on RV units inside the detached shop at 2758 N. Barnes Way Doug Tolbert approaches the podium and states he has a spray urethane-insulated detached garage; he has been doing work there previously , and has asked permission from his neighbors who commented they didn 't hear him. He doesn 't think it will have any effect on his neighbors. He postulates that it will take the better part of a year to work on one unit. Member Elliott asks what type of vehicle he will be working on. Mr. Tolbert confirms that he will be working on RV 's, some big rigs , and motor homes . He states that the building is big enough for 2 motor homes , so there will be no RVs parked outside of the building making an eyesore for the neighbors. Member Elliott asks if any hazardous waste will be involved, such as oil or antifreeze. Mr. Tolbert says most of what he does is woodworking and fabricating. He isn't working mechanically , just building , and doing cosmetic work. Acting Chairman Johnson asks for those who are supporting , two hands are raised , Mr. Tolbert and his wife . Beckie Tolbert of 2758 N. Barnes approaches the podium and states she wants to make it perfectly clear that they take very good care of their yard and take great pride in their home. Acting Chairman Johnson asks for anyone who is neutral. No response. Anyone who is opposed? Russell Spain of 2792 Barnes Way approaches the podium and states he and his family has lived at the location 22.5 years. He states that only two other neighbors other than the Tolbert 's have been there long enough to remember the last time that Mr. Tolbert was manufacturing in his garage. After building the shop it was used to manufacture. He says that during the manufacturing process the sound was constant and pervasive, much like what you'd expect to be in an industrial area. They and another couple (The Petersons) came to the City Council 15-20 years ago , but were unsure what happened following that encounter, but the neighborhood has been considerably quieter. They believe that granting the permit will create much more noise , inconsistent with a residential neighborhood. He says that there are at least 6 detached garages within a 1 block radius , and he is concerned that if they grant this Conditional Use Permit (CUP) the other residents could come to the city asking to manufacture or repair in their detached garages as well , and the city would have to grant that request. He mentions that Mr. Tolbert currently has two already in his garage, and Spain questions where he would put them while he is working on them. Currently the neighborhood is quiet and safe, but he says that the use that is proposed by Mr. Tolbert wouldn't maintain the safety and tranquility of the neighborhood, and might have an adverse effect on the neighborhood. They state that they strongly oppose Mr. Tolbert's request. Acting Chairman Johnson calls Mr. Tolbert back to the podium . Mr. Tolbert says he was never made aware that he was disturbing the peace before. He is surprised that his neighbors would be able to hear anything. He has a fairly large lot with plenty of parking for his own vehicles. He says he doesn't work late hours. Acting Chairman Johnson asks the distance between their homes . Mr. Spain states that they are at the comer of the cul -de -sac and Mr. Tolbert is in the interior of the cul-de-Sac. The Spain's were told that the Petersons (Tolbert's former next-door neighbors) had talked to them. Tolbert rebuts saying that he never heard anything from the Petersons. He says that the Griggs live there now. Member Elliott indicates that he used to do it as manufacturing, but now he is doing it on a much smaller scale. He's only doing one. Mr. Tolbert says he is planning to remodel ones that he built previously. Member Elliott asks if there will be much cutting of metal. Mr. Tolbert states that he cuts metal with a plasma torch, which would have very little noise, but there would be some noise from saws. Member Elliott asks if there was a previous CUP . Clerk West states they weren't required before, due to new ordinances that have been adopted in the last 20 years, they are now required. Mr. Spain states that as he mentioned, only two other neighbors nearby that were there previously when the manufacturing was taking place from 1998-2000, and then moved to a manufacturing park. A majority of the neighbors are new. Acting Chairman Johnson asks if 6 months from now there will be complaints from neighbors. Mr. Tolbert restates that he was unaware of sound being able to escape. Mr. Spain says the sound from 20 years ago might be different and that previously they were able to hear it in evenings and even over their television. Member Elliott inquires of Mr. Spain when the noise was happening. He responds that it was 15 -20 years ago. Mr. Spain says he has no concept of what the noise will be now compared to what it was before when he was manufacturing. Mr. Tolbert thinks he must have been doing his manufacturing with the garage door open, because the door faces the Spain's house. Mr. Tolbert wonders if he can try to see if he could do a trial to show him how much sound there will be, and is apologetic for not having a face to face conversation before with the Spain's. Acting Chairman Johnson closes the Public Hearing. Member Lott suggests we table it and see if the neighbors can come to a resolution and then come back next month to rehear it. Mr. Tolbert questions if we could use the time before the City Council Meeting. Clerk West suggests the Commission could approve the application, contingent upon the two parties using the next 6 days to come to a resolution . Acting Chairman Johnson entertains a motion. Member Elliott makes a motion to recommend approval of the Conditional Use Permit for Doug Tolbert to the City Council contingent on the two parties coming to an agreement. Member Lott seconds the motion. All in favor, motion carnes. Amendment to Iona City Code Section 11-11-26, pertaining to Private Access Roads Clerk West states the City Council was going to remove this section, but instead chose to revise it because of a recent inquiry. If there are two lots one in front of the other, one behind another, you have to have a road to the lot behind it. They reworded the code to add the terminology of flag lot. Many people in town are splitting lots, but they have to be able to put in a private access road to get to the second lot. She states it is just an update, and a change of wording. Acting Chairman Johnson asks for anyone in favor, or neutral. Sandy Elkington asks a question. Her mother has land by Iona Elementary, if she would be able to build. Clerk West clarifies that this amendment is specifically talking about the access road. How much space there needs to be, and how wide the access road needs to be. Acting Chairman Johnson asks if anyone is opposed. No one raises their hands. He closes the Public Hearing. Member Lott supports taking the permit issue off. All of the other changes are for clarification. Acting Chairman Johnson entertains a motion. Member Lott makes a motion to approve the City Code Amendment for 11-11-26. Member Elliott seconds the motion. All in favor , motion carries. Discussion of necessity for two Public Hearings on Land Use Applications Clerk West says there are two public hearings required for every land use application, code change or Conditional Use Permit. The City Attorney says there isn 't a state requirement for two. Member Elliott clarifies that we wouldn't need to have a vote at both. Clerk West says they have to have the developers come twice to present. She states that when Planning and Zoning is voting on something the only condition for their voting is if it meets the City Code. City Council has more flexibility with opinions. The discussion would be if we still want to have the two different hearings. Planning and Zoning would still have these applications as action items, people would be able to come, but the people who were presenting wouldn't have to come twice. Member Lott says that the City Council relies on P&Z's recommendation. Member Elliott clarifies that it will still be a recommendation from us , and we would still be voting, it would just not be a public hearing. All P&Z Commission members agree that they would like the City Council to be the public hearing. Acting Chairman Johnson says that instead of two presentations to the City Council, the Planning & Zoning Commission would still be able to have the information, but they wouldn't need to have the proposal from the party involved. Clerk West states that Chairman West says P&Z should be only about whether or not the application meets the City Code. Scott Kelly asks if it make what P&Z does less important. Member Elliott says he doesn't feel like it would make it less important. Member Lott says having two public hearings gives the City Council gets a heads up about what is important. They close the discussion in agreement that they want to see what Chairman West & Member Hart have to say about this. They will continue the discussion at October's P&Z Meeting. Member John Lott made a motion to adjourn the meeting. Acting Chairman Johnson seconded the motion. All in favor, motion carried . Meeting Adjourned: 7 :30pm P&Z APPROVED: November 4, 2020 ATTEST: _________ _ Rylea Farrens, City Office Assistant Dee