Board of Adjustment

Planning Division Office (208) 612-8276 Community Development Services BOARD OF ADJUSTMENT July 27, 2023 City Annex Conference Room 380 Constitution Way Members Present: Nathan Kennedy - Chair, Wendy Nobles, Ron Johnson, Kristi Brower Staff Present: Naysha Foster, Current Planner, David Peterson, Current Planner, Wade Sanner, Director Call to Order: Nathan Kennedy called the meeting to order at 12:38 p.m. Minutes: Ron made a motion to approve the minutes from August 25, 2022, Wendy seconded the motion and it carried unanimously. Ron made a motion to approve the minutes from March 23, 2023. Wendy seconded the motion and it carried unanimously. Public Hearing VAR23-003: The applicant, Josh Ball from Connect Engineering representing the Anderson Hicks Group, 2295 N. Yellowstone Hwy, Unit 6, Idaho Falls, ID 83401, stated that they are requesting an adjustment to the front setback of the TN, Traditional Neighborhood Zone. The current front setback in this zone is 15 feet minimum with a 20-foot maximum. Josh is requesting to increase the front setback to 25 feet due to topographical issues on the property. The front of the property is approximately 11 feet higher than the back of the lot causing excessive excavation work at the current setback requirement. Increasing the building front setback would allow less construction and cost as well as better align the front of the proposed building with the rest of the buildings on Bingham Ave. This is a benefit to the overall sight line and will help the proposed building blend into the area more seamlessly. Naysha Foster said that This property was annexed back in 1906 as part of the original townsite. In 1887 the alley was vacated and deeded as part of the property. Prior to the city-wide initiated zone change in 2018, the property was zoned R3. David informed the Board that this property is approximately 11,401 square feet and contains 4 original lots and a portion of the alley that was vacated. He said the TN zone requires a minimum front setback of 15 feet and a maximum setback of 20 to maintain the look of the traditional neighborhoods. The applicant is asking for a front setback of 25 feet due to the topography. The property has major change in elevation from the front of the lots to the rear of the lots and the front portion of the property has shallow bedrock, making construction difficult and costly. Water is in Bingham Ave and sewer is where the alley way and underground power is in the rear of the lot. The developer would not be allowed to build a structure as the public utilities are in the back of the lots. Access to the lots would be from the alley. Staff has reviewed the variance and finds that there are physical limitations unique to this property, The variance is consistent with section 11-6- BOA Minutes 7-27-23 Page 1 of 3  Planning Division Office (208) 612-8276 5(G) of the Comprehensive Zoning Code and 67-6516 of the Idaho Code (LLUPA). Therefore, staff recommends approval of the variance. Spencer Blaylock, 1798 Curtis Ave, Idaho Falls, ID, who is associated with the contractor stated that he would like the variance so they can get this property built. Wendy made a motion to approve the request for an increased setbacks as presented. Ron seconded the motion and it passed unanimously. There was no other Public Testimony. Nathan Kennedy closed the public hearing Board Discussion: There was no further discussion. Relevant Criteria and Standards passed with a unanimous vote. CUP23-004: PJ Holm, Parks and Recreation Director with the City of Idaho Falls, said that Ryder Park is maintained and managed by Parks and Recreation, and he is excited to see this change come to fruition. Currently there are two fishing ponds on this property. There is a Master Plan for the entire park that has been a work in progress. The Master Plan did not include a tubing park on the property but as they have continued to develop this in house and with contractors have noticed that it is a place for outdoor recreation. In the winter, use of this property declines, and the inclusion of a tubing hill would be a great addition and be beneficial to the community. The applicant, Doug Swanson, Idaho Falls, ID 83402, stated that Gateway to Kelly Canyon is a huge opportunity for them as Kelly Canyon is thirty minutes away and Gateway is bringing the mountain to town. It will allow opportunities to get kids on snowboards and skis that have never done so and doing in a way that is cost effective and time savings for the parents. Gateway Parks was founded with the fundamental intent to provide high-value, highest quality, recreational opportunities in urban markets that would bring the resort to the people. The company features a vertically integrated solution to create turnkey facilities that can operate on public or private land. Gateway Parks will provide seventy-five parking spaces for employees and guests with three for ADA parking. Overflow parking will be directed to the Heritage Park parking lot across Sunnyside. Gateway Parks will plant pine trees surrounding the park and plant grass on all surfaces to preserve the integrity of the snow, and to make the park usable for the community year-round. Gateway Parks will have a mobile snowmaking system that will remain at the facility during operation. They utilize state of the art snowmaking equipment that produces minimal decibel levels and they have purchased the quietest snow guns on the market. Water is pumped from the small pond in Ryder Park, through hoses to the snow guns. The water is only 10% consumptive, meaning 90% returns straight to the source. Gateway Parks will rent and pay for water rights from the pond at the base of the hill, and the snow, after melting, will run directly back into the pond. They will be opened seven days a week from Thanksgiving through Easter from 9:00 am to 9:00 pm and expect to serve between 100 and 150 guests per session, seven sessions each day, during peak days. Doug said that they took the entire Council and the Mayor to the sled hill in Boise, and they all loved it and had a great time. BOA Minutes 7-27-23 Page 2 of 3  Planning Division Office (208) 612-8276 Ron asked about pumping water. PJ said they will run a diversion and pump water year-round from the pond. Ron expressed his biggest concern is the amount of parking. Doug let the Board know that they based parking off ten years of history with the Boise sled hill. He said they run hour and a half sessions and based on having three to four people in each car, they don’t think they’ll ever use the 75 spots. Naysha Foster informed the Board that the applicant is requesting to approve a Conditional Use Permit for Outdoor Amusement in the P, Park Zone for a Tubing Hill on Public Land with or without Conditions. This property was obtained by the City in three separate parcels from 1968 through 1984. The entirety of the property was annexed in January of 2005 and initially zoned R1. In 2018 the City initiated a citywide zone change and rezoned this property to P, Public. An application for an outdoor amusement center or more specifically to construct a Tubing Hill was submitted on May 31, 2023. This property is owned by the City of Idaho Falls and located in the P, Public Zone. The P Zone requires a Conditional Use Permit for Outdoor Amusement Centers. Section 11-2-6 (F) requires outdoor amusement centers shall maintain a minimum setback of 50 ft from all contiguous residential zones and uses, speaker systems shall not exceed a noise measurement of 65 decibels when measured at the property line; and events shall be concluded by 10:00 PM and outdoor illumination shall be terminated no later than 1 hour after the conclusion of the event. This property is on the edge of the Controlled Development Airport overlay Zone. The proposed development is compatible with the Controlled Development Zone. It is also within the C Floodplain Area, which is a Minimal Flood Area and is outside of the City’s floodplain buffer. The proposed development is at Ryder Park. It will consist of a seasonal tubing hill with both manufactured and natural snow. The parking lot will be expanded to accommodate parking during the overlapping of seasons. There will be seven sessions a day with a reservation cap for each session. The hours of operation will be from 9 am to 9 pm. The hill will be lit with a down cast of lighting. Noise from the snow machine will be minimal. Traffic is not a concern. Ryder Park accesses Sunnyside Rd which is a major arterial. Staff has reviewed the Conditional Use Permit and finds it is in accordance with the Comprehensive Zoning Code as well as the Comprehensive Plan. Staff recommends approval as presented without additional conditions. Ron made a motion to approve the Conditional Use Permit for an outdoor amusement center in a Park Zone for a tubing hill on park land as presented without conditions. Wendy seconded the motion and it passed unanimously. There was no other Public Testimony. Nathan Kennedy closed the public hearing Board Discussion: There was no further discussion. Relevant Criteria and Standards passed with a unanimous vote. Adjourn: Nathan adjourned the meeting at 1:18 p.m. Respectfully Submitted, Ann Peterson, Recording Secretary BOA Minutes 7-27-23 Page 3 of 3