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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_11122008PLANNING AND ZONING COMMISIION MEETING 6:30 P.M. NOVEMBER 12, 2008 IONA COMMUNITY CENTER PRESENT: Board members Bruce Case, Adrian Beazer, Brad Bateman, Roy Hobbs, City Clerk Robyn Keyes ABSENT: Chairman Jared Wight VISITORS: Mayor Brad Andersen, Council member Dan Gubler Planning and Zoning Commission member Bruce Case led everyone in the Pledge of Allegiance. Mayor Andersen/ Commercial Zoning. Mayor Andersen said that Council member Jane Shaw had spoken with him regarding her concerns with the City of Iona's commercial zone. Council member Shaw's concerns were that restrictions or conditions needed to be placed on some of the commercial zones because they were so close to residential zones. Mayor Andersen said that he had spoken with the City attorney regarding the issue and the attorney said that restrictions can be imposed. Mayor Andersen asked the P/Z members to take a look at the commercial zone and make a recommendation to the City Council in terms of time limits or size limits. P/Z member Case said that he thought that implementing different types of commercial zones would be beneficial. The Mayor suggested looking at what some of the other cities in the area are doing for some examples and said that Council member Shaw worked for the City of Ammon and would be willing to answer questions regarding Ammon's commercial zones. Mayor Andersen also asked the P/Z to consider changing their meeting date from the first Wednesday of the month to the second Wednesday of the month for legal notification purposes. The Mayor said that many people go to the City Council meetings asking about issues that would require a public hearing. Since the City Council meets the third Tuesday of each month, in order for a citizen to have a public hearing with planning and zoning, they would have to wait for over a month because there is not enough notification time between the Council meeting and the P/Z meeting. By having the P/Z meeting the second Wednesday of each month, then there would be at least 15 days between the Council meeting and the P/Z meeting. Mayor Andersen said that the decision to change the meeting date was entirely up to the P/Z, and that they could leave it as is if they choose. Mayor Andersen also informed the P/Z members that P/Z chair Jared Wight had been offered a job in Belgium and would be moving at the first of the year. The Mayor said that if anyone knew of someone that would be good on the P/Z commission to let him know so that he could talk with them about the possibility. Adrian Beazer said that he had talked with Jason McConnehy about being a member. Mayor Andersen thanked all of the Planning and Zoning members for their time and hard work and told them how much he appreciated their efforts. The Mayor also gave each member $100 as a gratuity. John Price, Dan Gubler/ Impact Area Discussion. John Price had not arrived and Adrian Beazer said that he could not reach him to confirm his attendance. Dan Gubler 1 rots said that his question to John would be where is the City at as far as what has been allowed to develop within our impact area and how will that affect the Cities water system. The City can only expand its impact area if it (the City) can provide service to the area if needed. Adrian Beazer asked if Ammon pulled out of IBSD, what effect would that have on Iona. Council member Gubler said that Ammon said that they will pull out of the trunk line, but the City of Iona owns a greater percent of the truck line that carried the waste to Idaho Falls and that Ammon can not disconnect Iona from the service. Council member Gubler also said that the sewer line runs up to Panorama Hills and that perhaps there could be negotiations in the future regarding management of the system up there and that might benefit the City through the water rights. Council member Gubler said that it makes sense to concentrate on expanding the City to the East and that Ammon has taken the area to the south. P/Z members agree that the Iona Cemetery should be in Iona's impact area. The P/Z and Council member Gubler discussed their concerns with the impact area and decided to ask John Price to come to the January meeting to help answer some of the questions that they had. Public Hearing/ Annexation of 2460 N and 2412 N 50 E. 7:00 P.M. (See appendix A) Lin Longhurst at 2460 N 50 E and Scott Hunting at 2412 N 50 E requested to be annexed into the City of Iona. The minutes from the hearing were recorded on a separate page (Appendix A). The request was approved and a recommendation will be given to the City Council. Minutes Reviewed. The minutes from last P/Z meeting were reviewed. P/Z member Brad Bateman made a motion to approve the minutes. P/Z member Adrian Beazer seconded the motion. All were in favor. Motion carried. Conditional Use Permit Application. A new conditional use permit application and permit was typed up by City Clerk Robyn Keyes. The P/Z members reviewed the new application and permit and approved the changes. The P/Z members wanted Clerk Keyes to note to the City Council the changed fee from $50 to $100 and that they recommend that the permits are reviewed annually by the Code Officer. Code Information for New Home Owners. Clerk Keyes said that the Public Works Supervisor suggested the City compile a list of pertinent codes for new home owners as a guideline when moving into the city and landscaping their property. City Clerk Keyes asked the P/Z to help compile a list of such codes for her to prepare for the home owners. P/Z members said that they would help. Public Hearing 7:30 P.M. Dave and Kirsten Hinton Conditional Use Permit. (See appendix B). The Hinton's applied for a new conditional use permit to allow the Hinton's to rent their home to a family and let Mr. Hinton's elderly parents and brother that is a disabled veteran live in the bottom portion of the home. The home is an R-1 zone. The minutes for the hearing were recorded on a separate page (Appendix B). The request was approved and a recommendation will be given to the City Council. 2 Commercial Zoning. P/Z member Case said that he would like to add commercial zoning to the agenda for the next meeting and asked the members to think about areas in and around the City to discuss. New Meeting Date and Chair. P/Z members discussed the possibility of meeting on the second Wednesday instead of the first Wednesday of the month. The P/Z members decided that meeting on the second Wednesday was a good idea. Planning and Zoning meetings will now be held on the second Wednesday of each month beginning at 6:30 p.m. and public hearings beginning at 7:00 p.m. In light of the fact that Chairman Jared Wight is moving to Belgium in January, the P/Z members decided on Bruce Case as Chairman and when his commission is up in 6 month, they will revisit the issue. P/Z member Brad Bateman made a motion to adjourn. P/Z member Case seconded the motion. All were in favor. Meeting adjourned at 8:30 p.m. PIN 3 APPENDIX A Public Hearing 7:00 p.m. Annexation of Lin Longhurst at 2460 N 50 E and Scott Hunting at 2412 N 50 E. Idaho Falls, Idaho. Present: Planning and Zoning members Bruce Case, Roy Hobbs, Brad Bateman, Adrian Beazer, City Clerk Robyn Keyes Absent: Chairman Jared Wight. Visitors: None Since no one was present for the public hearing, P/Z member Case went directly to P/Z member's discussion and asked if any one had questions or concerns. P/Z member Bruce Case said that he is in favor of the annexation, but is concerned about the 3 horses on Longhurst property. The property is 1.282 acres and by City code, in order to have three horses, the property needed to be 1.5 acres. The P/Z members decided to grandfather Longhurst's three horses and make the property an R-1 zone. P/Z member Adrian Beazer made a motion to annex 2460 N 50 E and 2412 N 50 E into the City of Iona as an R-1 residential with the conditions that Longhurst's horses are grandfathered into the City and if the Longhursts sell the property the new owners would be required to follow the City code which stated that only one horse is allowed per 'A acre of land. P/Z member Roy Hobbs seconded the motion. All were in favor. Motion carried. Annexation approved. Public hearing closed at 7:25 p.m. 4 APPENDIX B Public hearing 7:30 David and Kirsten Hinton requested a conditional use permit to renew the original conditional use permit regarding an apartment in their home located at 5110 Denning. Present: Planning and Zoning members Bruce Case, Roy Hobbs, Brad Bateman, Adrian Beazer, and City Clerk Robyn Keyes. Absent: Chairman Jared Wight. Visitors: Kirsten Hinton, Dave Hinton, Fred Smith, June Smith, Todd Olsen, Cheryl Smoley, Tim Smoley, Linda Asher. Planning and Zoning member Bruce Case welcomed everyone and reviewed the procedure for a public hearing and invited the Hinton's to explain the reasons for applying for a conditional use permit. Kirsten Hinton said that she and Dave are the owners of the home but do not live at the home, Dave's parents, June and Fred Smith live in the basement of the home along with the Smith's son, who is a disabled veteran. June and Fred are retired and live on a fixed income as does their son and together they do not have enough money to pay a mortgage and living expenses, so the upstairs is rented to another family to help cover the monthly mortgage for the home. The upstairs rental is not for the purpose of extra income. Mrs. Hinton stated that the Smiths have physical and emotional reasons that they want to stay where they have been living for the last 3 years. Mr. Smith was in the hospital last week due to heart problems and Mrs. Hinton said that it would be a good idea for him not to move and that he has suffered from two heart attacks in the past. Mrs. Smith had back surgery and said it would be difficult to move from the house. Mrs. Hinton said that emotionally, the Smiths feel comfortable and safe, with a sense of community in the home. Mrs. Hinton said that the Smiths had lived in Indiana and a month before they decided to move into the house with the Hinton's, the Smiths were mugged, beaten and shot at in their own drive way in Indiana. Mrs. Hinton said that her mother and father in- law feel safe and love their neighbors here in Iona. Mrs. Hinton said that she believed that the best solution to be able to keep the Smith's were they are, is to rent out the top portion of the house to a young family that is compatible with the Smiths. Mrs. Hinton said that the neighbors are supportive and that she has 15 households worth of signatures that approve of the rental situation, Mrs. Hinton said that some of them are fine with the situation, many are for the arrangement and two house holds said that if was for June, then they are definitely signing in support because June helped them out in a time of need. Mrs. Hinton said that the Smit's are an asset to the community. P/Z member Bateman asked if there was adequate parking for everyone living in the house. Mrs. Hinton said that there was room for parking in front of the house and on the side. P/Z member Case asked if it was off street parking, not in the easement, and room for the 5 snow plow to go by. Mrs. Hinton said the parking was on the property, not in the easement and that there was room for the snow plow. P/Z member Bateman asked how much space was in the house. Mr. Hinton said that there were 4 bedrooms upstairs and 4 bedrooms downstairs. P/Z member Case asked who owns the property. Mrs. Hinton said that they (the Hintons) own the home and that they had lived in the house until last January. The reason that they moved was because they have 5 children and out grew the upstairs, so they bought a house 2 blocks away and moved into it. Mr. Hinton said that they have been paying 2 separate water and sewer bills for the house. P/Z member Case asked the audience if there was any one that was in favor of the request that would like to speak. Tim and Cheryl Smoley stood up and said that they own the property behind the Hinton's and said that there had never been a problem with any of the renters and that the property is kept up, they have no problem with the Hinton's renting. Linda Asher stood up and said that she lived kitty-corner from the Hinton's and that she had no problem with the renters and that Mrs. Smith had been a wonderful neighbor and helped her out at a time when she couldn't walk. Mrs. Smith stood up and said that she had been glad to help out the renters upstairs and that downstairs they have their own kitchen, laundry and bathroom and that they help with the upkeep of the house and yard. Mrs. Smith said that she liked living in the house and liked the upstairs renters. Todd Olsen stood up and said that he lived in the upstairs apartment with his wife and 4 small children. Mr. Olsen said that the reason the upstairs was rented was to help pay the mortgage so that the Smiths can live there. Mr. Olsen said that the Hinton's only charge enough rent needed to make the mortgage payment, and that he knows the house is worth more in rent because of its size, but that the Hinton's are doing this for Dave's parents, and not to make money. Mr. Smith stood up and said that he enjoyed living in Iona and appreciated what the Hinton's were doing to help them. Mr. Smith said that he did what ever he could to help with the up keep of the house. P/Z member Case thanked everyone for their comments and asked if anyone in the audience was neutral. No one was. P/Z member Case asked if anyone in the audience was against the request. No one was. P/Z member Case closed the public portion of the hearing and opened the discussion up for the Planning and Zoning members to discuss. P/Z member Adrian Beazer said that it appeared that the Hintons had met all of the criteria for the permit and that the only thing that was different was that they were no longer living upstairs and that new renters were. P/Z member Beazer said that he did not see a problem with the situation. P/Z member Roy Hobbs said that the issue of the Hintons no longer living in the house needed to be addressed and that a new permit would need to be issued removing the Hintons as resident's of the property. P/Z member Hobbs said that he did not see any problems with the request. P/Z member Brad Bateman said that he did not have any questions or concerns. P/Z member Bruce Case said that he did not have concerns and said that it appeared that everything from the first permit was still in place with the exception of the Hinton's no longer living at the residence. P/Z member Adrian Beazer said that he would add that this was a hardship situation with elderly folks living on a fixed income and their son that lived with them is a disabled veteran. P/Z member Bateman said that the request appeared to be deemed essential. P/Z member Case said that R-1 zones are intended for single family use, but this appeared to be a hardship situation for the Smith's and the Hinton's were trying to take care of Dave's parents, which is an important thing. P/Z member Case said that he appreciated the support from the neighbors and it appeared that the Hinton's and the 6 Smith's were not infringing upon anyone's rights. P/Z member Case explained in R-1 zones, many times the neighbors are not in support of a rental situation with more than one family, but in this situation the neighbors are in support. P/Z member Case said that one of the stipulations of granting the permit would be that the Smith's must occupy the home instead of the Hinton's and if the Smith's move, then the permit is revoked. P/Z member Beazer made a motion to recommend to the City Council that they approve the request with the conditions from the original permit still in place and changing the condition that the owners of the property must occupy the premises to the owner's parents must occupy the premises and that the request is deemed essential due to the hardship involved. P/Z member Bateman seconded the motion. All were in favor. Motion carried. Hearing closed at 8:00 p.m. 7 , ZOO8s 5-oyia - —. t'i ' a .i-fLicht_a_nd htskh , homy di S o 6se Lon ` hora] , if' mit o-P align Hers j-ate. -)-6�--ate -- - %6 f4Dm of -X h o 6111(LETemth_3) --- - ,,,_ T L eU • 1-6kvir? ----------- -- oa4� r and h��ornor r� : r LI Ark .0,0A- /-Apy&-A./ �-1000 &tire, e_Awris. -�- io'Af SLY a J -: 4 _ektk l- 2_ 3/a H- NOTICE A PLANNING AND ZONING MEETING WILL BE HELD 6:30 P.M. NOVEMBER 12, 2008 AT THE IONA COMMUNITY CENTER 3 548 N MAIN ST. IONA, ID. Robyn it yes City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on the 12th day of November, 2008 at the hour of 7:30 p.m. the Iona Planning and Zoning Commission will conduct a public hearing for the purpose of considering a conditional use permit for Dave and Kirsten Hinton to operate an apartment in their R-1 residential home located at 5110 E Denning, Iona, Idaho. A second public hearing is scheduled for the 18th day of November with the Iona City Council at 7:30 p.m. Both public hearings will be conducted at the Iona Community Center, 3548 North Main, Iona, Idaho ;/f Robyn K6yes City Clerk Dated this 27th day of October, 2008 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on the 12th day of November, 2008 at the hour of 7:00 p.m. the Iona Planning and Zoning Commission will conduct a public hearing for the purpose of considering the annexation and zoning of real property located at 2460 N. 50th E. and 2412 N. 50th . A second public hearing is scheduled for November 18th at 7:00 p.m. with the Iona City Council. Both public hearings will be conducted at the Iona Community Center located at 3548 North Main, Iona, Idaho. Ro City Clerk n c v In byn Keyes Dated this 27th day of October 2008