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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_11132013PLANNING AND ZONING MEETING IONA COMMUNITY CENTER NOVEMBER 13, 2013 6:30 P.M. PRESENT: Chairman Dan Garren, Members - Bette Lovinus, Melanie Shirling, Mike Taylor, and Clerk Julie Hammond. ABSENT: P&Z Member Roy Hobbs. VISITORS: Jolyn Louk, Kathleen Ivie, Gary Ivie, Gerald Kirkpatrick, and Caleb Powell. The Pledge of Allegiance was led by Member Lovinus. Chairman Garren recognized citizens from the floor. Minutes Approved: Member Taylor motioned to approve the minutes of October 9, 2013. Member Lovinus seconded the motion. All were in favor, motion carried. Inoperative or Unregistered Motor Vehicles Public Hearing — 6:30 p.m.: Chairman Garren stated the Inoperative or Unregistered Motor Vehicles Ordinance was brought back for public hearing due to substantial changes to the ordinance. He proceeded to explain the public hearing process. Chairman Garren explained the proposed changes and read Section 1 B of 11-11-25. Jolyn Louk of 5428 Rockwood asked for clarification of recreational vehicles. Clerk Hammond made copies of Ordinance #174-05-13 — Prohibiting the Use of Recreational Vehicles for Human Habitation for a definition of recreational vehicles. Clerk Hammond stated the ordinance is currently being codified by Attorney Storer and has not been added to the City's Code Book yet. After reading the definition of recreational vehicles, Ms. Louk asked if four wheelers, razors, or side by sides were considered recreational vehicles. Clerk Hammond was asked to clarify Ms. Louk's question with Attorney Storer. Gerald Kirkpatrick of 4750 E Denning Ave asked if farm equipment and construction equipment was okay to park in the driveway. Chairman Garren stated yes, as far as he understood it, you are allowed one motor vehicle in your driveway. Chairman Garren asked if anyone was opposed — none; if anyone was neutral — none; if anyone was in favor — one. Gary Ivie of 3100 Alder Circle stated he was in favor of the proposed ordinance. He believes this is a good ordinance and the City has needed it for a long time. Chairman Garren asked Mr. Ivie if he was in favor of all the content in the ordinance. Mr. Ivie stated he was. Mr. Ivie thought that ATV's came under the law of being titled. Chairman Garren indicated that if it is exempt from titling it is exempt from being classified as a motor vehicle. Chairman Garren stated that the Inoperative or Unregistered Motor Vehicles Ordinance was made as least intrusive as possible to see if it takes care of the problem. If it does not they can come back and review it. Jolyn Louk of 5428 Rockwood expressed concern that the ordinance did not specify a complete car in the driveway. She was also worried that the ordinance did not include businesses and if a new business came to Main St, how would we hold them accountable. P&Z Member Taylor stated that there was a provision for Commercial Zoning in Title 11 that would address the issue. Chairman Garren closed the public portion of the hearing at 6:55 p.m. Planning & Zoning Members began deliberation. P&Z Member Lovinus was disappointed that they took out the back yard. She thought they should limit the number of vehicles in the rear yard. P&Z Member Shirling agreed with Member Lovinus. She stated this was not solving anything. Without a fence or hedge, there wasn't anything to obstruct the view in the rear yard. Chairman Garren was concerned that this was not enough but that it was a step in the right direction. He suggested living with this and seeing what happens. P&Z Member Taylor likes Council's adjustments and motioned to approve recommendation to Council of the Inoperative and Unregistered Motor Vehicles Ordinance. P&Z Member Shirling seconded the motion. P&Z Member Lovinus abstained because it was not as restrictive as she would like. The majority was in favor, motion carried. Mr. Kirkpatrick asked how long before compliance of the ordinance was in place and how was it handled. Ordinances typically become effective upon publication. Chairman Garren indicated that Chief Basaraba doesn't go looking for compliance but waits for a complaint. Jolyn Louk was concerned that the ordinance would allow a grandfather process. Chairman Garren stated it would not because motor vehicles are not a permanent structure. Ms. Louk also asked about junk, weeds, and abandoned refrigerators. These items are covered in Title 5 (Criminal Code) Chapter 7 (Public Health and Safety) and Chapter 9 (Litter and Weed Control). Bonneville County Area of Impact Agreement: Chairman Garren tabled the Impact Area Discussion because P&Z Member Hobbs was not present to report on the process of extending the impact area. December Planning & Zoning Meeting Cancelled: P&Z Member Taylor asked if the December P&Z Meeting could be cancelled for the Holidays. Chairman Garren thought this was a good idea. He thought P&Z had only cancelled one meeting for the 2013 Calendar Year and P&Z is only required to meet nine times out of the year. Chairman Garren asked Clerk Hammond to confirm cancellation of the December meeting. Action Items at a Glance: Member Hobbs — 1) Meeting with Steve Serr for process of extending the impact area. Clerk Hammond — 1) Clarification from Attorney Storer whether four wheelers, razors, or side by sides were considered recreational vehicles. 2) Confirm cancellation of December 11, 201 &Z Meeting. Meeting Adjourned 7:15 p.m. City of Iona elFrom: City of Iona <iona@cityofiona.org> Sent: Friday, November 08, 2013 11:07 AM To: Garren,Dan (dan.garren@idfg.idaho.gov); innovativecoat@yahoo.com; blovinus@cableone.net; michaelk.taylor@yahoo.com; rocksgoddess@gmail.com Cc: iona_mayor@hotmail.com Subject: P&Z AGENDA FOR NOVEMBER 13, 2013 Attachments: Agenda template.doc; City Council 10-15-13.docx Good Morning, Please review the attached Planning & Zoning Agenda for November 13, 2013. If you have any additions or changes please let me know. Also, I have attached a copy of the Work Meeting Minutes. I had sent a copy of the Council Meeting Minutes earlier this month so you had a chance to review the Public Hearing on Inoperative and Unregistered Motor Vehicles. Due to many changes, the Inoperative and Unregistered Motor Vehicles Ordinance is back for a second public hearing. As soon as I receive the revised copy I will forward on to you. Thanks, Julie 1 City of Iona From: City of Iona <iona@cityofiona.org> Sent: Friday, November 08, 2013 11:11 AM To: Garren,Dan (dan.garren@idfg.idaho.gov); innovativecoat@yahoo.com; blovinus@cableone.net; michaelk.taylor@yahoo.com; rocksgoddess@gmail.com Cc: iona_mayor@hotmail.com Subject: WORK MINUTES ATTACHMENT Attachments: Work Meeting 10-15-13.docx Sorry, I attached the wrong file on the last e-mail. © 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES IN THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Adoption of New Section 11-11-25, City Code: A new section 11-11-25 of the lona City Code Is hereby adopted as follows: 11-11-25: PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES PROHIBITED IN FRONT AND SIDE YARD RESIDENTIAL LOTS: (A) Definitions: For the purposes of this Section, the following terms shall be defined as follows: Driveway: Inoperative Vehicle: A regularly traveled way used for parking and movement of motor vehicles between a public street and an attached or unattached garage or carport serving a main building located upon a Lot, or if there is no garage or car port, then a paved, concrete or gravel surface upon a Lot, which surface is regularly used for parking of motor vehicles owned or operated by the occupants of the residence. Any Motor Vehicle, which in its current state is not capable of being used as a means of transportation, whether due to broken, defective or missing parts, including missing or flat tires, missing doors, missing or badly damaged windshields or broken or defective parts essential for movement. Lot A platted or unplatted parcel of real property Motor Vehicle: located within a residential zone within the City. Every self-propelled device in, upon, or by which any person or property is or may be transported or drawn upon a highway. The term "Motor Vehicle" does not include Recreational Vehicles or vehicles moved solely by human power, electrical personal assistive mobility devices and motorized wheel chairs or other such vehicles that are specifically exempt from titling or registration requirements under Title 49, Idaho Code. Open Space: Any area on a tLot which is vacant or not occupied by a residential building or accessory building. Recreational Vehicle: Such term shall have the same meaning as ascribed in section 11-11-24(A) of this Title. Unregistered Vehicle: Any Motor Vehicle which is not currently registered under Title 49, Chapter 4, Idaho Code or any Motor Vehicle which does not bear current license plates or decals issued by the State of Idaho or any other State or is not currently registered in such other State. Yard: An open space on the same lot witha Lot upon which there is a principal building or group or buildings, which space is unoccupied by a building or structure used for human habitation or accessory use Yard, Front: A yYard lying between the front tLot line and the nearest foundation line of the main building and extending across the full width of the tLot._ Yard, Rear: A yYard lying between the rear tLot line and the nearest foundation line of the main building and extending across the full width of the tLot. In the case of a corner tLot where the building fronts on a side street, the rRear yYard may be established from the rear of the house to the side property line. Yard, Side: An open spaceA Yard lying between the sides of the main building and the side line of the tLot and located between the fFront yYard and the rRear -2- pYard of the fLot._ (B) Storage of Inoperative or Unregistered Motor Vehicles in Front or Side Yards: Except as set forth below, it shall be unlawful for any person to park, store or allow the parking or storage of any Inoperative or Unregistered Motor Vehicle i) within the Front Yard of any Lot, or ii) within any Side Yard facing a public street, unless such vehicle is parked upon a Driveway. It shall also be unlawful for any person to park, store or allow the parking or storage of more than one (1) Inoperative or Unregistered Motor Vehicle within or upon the front Yard Driveway of any fLot located in a residential zone within the Cityithin ' . public street within such zone, fora period of more than thirty (30) days within any rolling period of six (G) consecutive months. pon a Side Ya Section 2. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 3. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of November, 2013. ATTEST: Julie Hammond City Clerk - Brad Andersen Mayor -3- (SEAL) -4- STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES WITHOUT A PERMIT IN THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Julie Hammond City Clerk G:IWPDATAtOWS12708 City of Iona\ORDWbandoned Vehide.ORD.cmp3v2.wpd:sm -5-