HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_03112009PLANNING AND ZONING MEETING MARCH 11, 2009 6:30 P.M. AT THE
COMMUNITY CENTER
PRESENT: Chairman Bruce Case, members; Adrian Beazer, Roy Hobbs, Brad Bateman,
Jared Wight
VISITORS: Elissa Skaar, Darrell Jonak
Chairman Case welcomed everyone and led the Pledge of Allegiance.
Minutes approved. Last month's minutes were reviewed, P/Z member Wight made a
motion to approve the minutes P/Z member Beazer seconded the motion. All were in
favor, motion carried, minutes approved.
AIC conference. Chairman Case said that AIC could not help with issues regarding
annexation of contiguous property and the City would have to find ways to encourage
property owners to be annexed. P/Z member Beazer suggested weighing the cost of
maintenance for a septic tank and the cost of sewer for those still using a septic tank.
Clerk Keyes suggested letting them know they would have increased security with our
police patrol.
Chairman Case said AIC recommended setting a fee schedule by resolution as opposed to
drawing a new ordinance each time a rate changed. This resolution would include any
change in fees charged by the City. P/Z member Beazer said first an ordinance would
need to be set that stated that fee schedules would set by resolution.
Chairman Case said according to AIC, two public hearings were not necessary. Either
one with Planning and Zoning or one with City Council would be adequate. The P/Z
members agreed that by conducting a public hearing with planning and zoning prior to
the City Council hearing helped speed up the process of the Council hearing.
Chairman Case said viewing a piece of land that would be part of a public hearing was
permissible, however, it must be disclosed at the hearing that the land was viewed prior
to the hearing, and if more than one member was going to view the land together, a notice
must be posted informing the public of the time and date of the viewing.
Chairman Case suggested reviewing the ordinances to be sure they were up to date and
being followed. P/Z member Hobbs suggested reviewing the comprehensive plan as well.
P/Z member Beazer suggested reviewing the comprehensive plan annually. Chairman
Case agreed and reminded the commission of the importance of the comprehensive plan
and the vision for the community as defined by its citizens.
P/Z member Hobbs said he would like to discuss development projects and impact fees in
the event that a development becomes bankrupt or abandoned once in progress. Chairman
Case said that impact fees can also go toward helping with the cost of upgrading the
water system to accommodate the development. P/Z member Bateman asked if the City
could collect money from the developer as security and put the money in an escrow
account, then when the project is finished, the developer gets the money back. Chairman
Case thought that was what a surety bond was for and the developer does not have to put
the money up front, but was bonded instead. P/Z member Beazer said the possibility of
charging impact fees was addressed a couple of years ago, and it was decided that the
City did not want to charge impact fees. P/Z member Beazer suggested revisiting the
issue in the near future. Chairman Case said that if impact fees are charged the money
must be designated for something specific like water infrastructure, and used only for
that.
Chairman Case said the title of the AIC conference was Getting Ready for the Next Big
Wave, and that was just what the City needed to do.
Public Hearing Elissa Skaar. See appendix A
Impact area. Chairman Case asked if P/Z member Beazer had talked with Council
member Gubler about meeting with Ammon regarding the Iona Cemetery, P/Z member
Beazer said he had not. Chairman Case reiterated his concern with the Iona Cemetery and
the fact that it was not in the City's area of impact and that Ammon was quickly
expanding north and east. P/Z member Hobbs asked who the governing body was with
the impact areas when two cities are involved. P/Z chairman Case said the county is the
governing body, and is required to enforce the ordinances from the city that is impacted.
P/Z member Wight talked of a situation between Rexburg and Sugar City in which both
cities wanted the same area to be in their impact zone. Ultimately the county decided
which city was awarded the land, and the city that was not awarded the land sued the
county. P/Z member Wight asked Clerk Keyes to find the City's impact agreement with
the county and make copies for the commission and then research whether Ammon had a
written agreement with the county as well. P/Z member Beazer asked if the county had an
updated comprehensive plan map, Clerk Keyes said she would check with GIS. Council
member Gubler arrived and said he had not had the opportunity to discuss the impact area
and the cemetery in depth with Ammon. P/Z chairman Case asked Council member
Gubler if he thought it would be productive to be added to the agenda for the next
Ammon Council meeting. Council member Gubler said that was a good idea, and then
the City could approach the County with more knowledge. P/Z member Bateman said he
could make a projected impact area map for the meeting. P/Z member Beazer asked
about increasing the impact area to the west toward the high school. Council member
Gubler said he did not foresee that happening and the impact area ended at Honeybee
Lane. P/Z chairman asked why the City had not been notified about the planned
development on the west side of Crowley. Council member Gubler said he would meet
with Steve Serr tomorrow to discuss the issues.
Commercial zoning. P/Z member Bateman showed a map he had been working on that
showed the City streets, zoning and impact areas. P/Z member Bateman had gathered
more information and was going to revise the map for the next meeting. The commission
decided to table the issue until next meeting.
Code information for homeowners. The P/Z members looked over the code information
that Public Works Supervisor Prouse complied for new homeowners. P/Z members all
agreed that the information was thorough, well compiled, and very useful.
Windmill ordinance. P/Z Chairman Case asked if anyone had the opportunity to
research the issue. No one had. P/Z Chairman Case suggested tabling the issue to gather
more information. P/Z Chairman Case suggested the research and terminology used to
include roof mounted turbines and not just windmills. P/Z member Beazer suggested
researching solar panels and permitted uses for them. P/Z member Hobbs said that AIC
suggested making the windmill issue a resolution and not an ordinance so changes can be
made easily until everyone became more familiar with the product and its use. P/Z
member Wight suggested making windmill use a conditional use requiring a public
hearing and permit.
Land use table. P/Z member Wight is still working on the land use table. The table was
tabled.
P/Z member Beazer made a motion to adjourn P/Z member Wight seconded the motion.
All were in favor, motion carried.
Adjourned 8:15 p.m.
APPENDIX A
Public hearing 7:00 p.m. Elissa Skaar extending the hours for her conditional use permit
to operate an in home daycare.
PRESENT: Chairman Bruce Case, members; Adrian Beazer, Roy Hobbs, Brad Bateman,
Jared Wight
VISITORS: Elissa Skaar, Darrell Jonak
P/Z Chairman Case welcomed everyone and asked Mrs. Skaar if she would like him to
review the procedures for a public hearing, she said she remembered the procedures from
the last public hearing. P/Z Chairman Case turned the time over to Mrs. Skaar.
Mrs. Skaar said that she was asking for a modification to her hours of operation to
include weekends. Mrs. Skaar said that one of her clients, Mr. Jonak, was a single parent
and had a rotating shift out at the Site that included occasional weekends. Mrs. Skaar
stated that Mr. Jonak's ex-wife, the mother of the children, was supposed to take the
children when he had to work on the weekends, but she was unreliable about picking the
children up on time and he did not want to miss the bus for work. Mrs. Skaar said Mr.
Jonak was a long-time friend of hers and was happy to help out by watching his children
on the weekends. Mrs. Skaar said that Mr. Jonak's ex-wife was opposed to him taking the
children to a baby sitter on the weekends.
P/Z Chairman Case turned the time over to the commission for questions. P/Z member
Beazer asked if Mr. Jonak's ex-wife had been notified of the hearing. Clerk Keyes said
she had sent a letter to her informing her of the time and day. P/Z member Beazer asked
how many children she watched for Mr. Jonak and how many hours on the weekend were
the children in her care. Mrs. Skaar said Mr. Jonak had 2 children and that she never
knew how long she would be watching them; it depended upon what time Mr. Jonak's
ex-wife arrived to pick them up. Mrs. Skaar said that Mr. Jonak's ex-wife was supposed
to be watching them when Mr. Jonak worked on the weekends but she did not always
show up to get them before he had to leave for work, so he would take them to Mrs.
Skaar's. P/Z Chairman Case advised Mrs. Skaar to not only include the weekends on her
new permit, but extend the hours of operation as well to avoid non-compliance in the
event that Mr. Jonak had to work late. Mrs. Skaar said if she were allowed to watch
children on the weekends that she had another family that needed occasional childcare on
the weekends as well, and wanted the opportunity to watch those children as well. P/Z
member Bateman asked how many children Mrs. Skaar watched, she said she was
licensed for 6 plus her own children. P/Z member Bateman asked if any neighbors had
complained, nothing had been reported. P/Z member Beazer asked how many cars were
coming and going for drop off and pick up of the children, Mrs. Skaar said 3. P/Z
member Wight asked to see a copy of Mrs. Skaars conditional use permit. Clerk Keyes
gave him a copy. P/Z Chairman Case asked if Mrs. Skaar had submitted a new
application, Mrs. Skaar said that Chief Basaraba said she did not have to. P/Z member
Wight asked if since she was not required to fill out a new application, was everyone
within 300 feet of her residence notified of the hearing. Clerk Keyes said yes, a letter was
sent to all of the same people as with the first hearing.
P/Z Chairman Case asked if there was anyone that was in favor of the request that would
like to speak. Mr. Jonak said he was in favor of the request and stated how much Mrs.
Skaar has helped him out with childcare. Mr. Jonak said because of his rotating shift,
obtaining childcare was difficult and he stated his appreciation toward Mrs. Skaar for her
willingness to help.
P/Z Chairman Case asked if there was anyone that was neutral that would like to speak,
no one did. Chairman Case asked if there was anyone that was against the request that
would like to speak, no one did. Chairman Case closed the public portion of the hearing
and opened the discussion to the commission. P/Z member Wight noted that the only
thing changing for Mrs. Skaar was extending her hours of operation, and since no one
was opposed to the changes, P/Z member Wight made a motion to recommend that the
City Council approve the requested changes for Mrs. Skaar and that she may operate her
daycare from 5:00 a.m. to 9:00 p.m. 7 days a week. P/Z member Beazer seconded the
motion. All were in favor, motion carried.
Public hearing closed 7:15 p.m.
THE PLANNING AND ZONING COMMISSION MEETS
THE SECOND WEDNESDAY OF EACH MONTH AT 6:30 P.M.
AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH
MAIN STREET, IONA.
2009 SCHEDULE AS FOLLOWS:
JANUARY
14TH
FEBRUARY
11 TH
MARCH
11 TH
APRIL
8TH
MAY
13 TH
JUNE
10TH
JULY
8TH
AUGUST
12TH
SEPTEMBER
9TH
OCTOBER
14TH
NOVEMBER
4TH
DECEMBER
9TH