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Planning Commission

Regular Meeting

Idaho Falls, ID · July 19, 2016

AgendaMinutes

Minutes

Planning Commission Minutes July 19, 2016 City Annex Council Chambers MEMBERS PRESENT: Commissioners Joanne Denney, George Swaney, Darren Josephson, Margaret Wimborne, George Morrison and Natalie Black. MEMBERS ABSENT: Brent Dixon, Julie Foster ALSO PRESENT: Planning Director, Brad Cramer; and Assistant Planning Director, Kerry Beutler and Brent McLane and interested citizens. WORK SESSION: Commissioner Wimborne opened the Work Session. 1. Area of Impact. Cramer asked the Commissioners to confirm that they want to move the public input part of the Area of Impact towards the end, and move forward on rules and the processes for applications in the Area of Impact. All Commissioners agreed with Cramer. Cramer stated that they are concerned with what is being enforced and what is not within the Area of Impact. Cramer indicated that a lot of communities have the County and City work together to review the applications. Cramer stated that they would like to propose that any application, whether it requires a public hearing or not, would be submitted to the County and the County would submit it to the City for a review and then it would go back to the County to be returned to the applicant. Cramer added that if there was a public hearing needed it would first be held with the Planning Commission who would then make a recommendation to the County and the County can choose to follow the recommendation or not. Wimborne asked for clarification that this is just in the City of Idaho Falls; and Ammon, Iona and Ucon can do what they want. Cramer indicated that Ammon is interested in doing the same thing. Cramer stated that the hope would be for Idaho Falls, Ammon and possibly Iona to come to an agreement on what they would like to see and have one set of rules. All Commissioners agreed with Cramer. 2. Zoning Ordinance. Cramer gave an overview of the concept for residential zones. Cramer indicated they are going to look for recommendations and influence, from the Comprehensive Plan, experience during public hearings, concerns of residents and developers, and what doesn’t make sense in the ordinance. Cramer stated that currently there is RP, RPA, R-1, R-2, R-2A, R- 3A. Cramer indicated that of the 7 residential zones the R-1 and the R-3A get used. Cramer stated that the difference in RP, RPA and R-1, is the set-backs. Cramer stated that they will look at what is being used and not being used. Cramer indicated that it doesn’t make sense to have zones that are not being used. Cramer stated that they are going to try to combine zones. Cramer stated that the new residential zones would include a zone that accommodates existing County lots that have animals that will be called Residential Estate Zone with minimum of ½ acre lots. Cramer stated that RP, RPA and R-1 will be combined to one zone RP Zone, with a minimum lot size of 12,000 square feet and leave the R-1 set-back. Cramer stated that it will also include a note that says if you’re zoned prior to the date and you still meet the old standards then the July 19, 2016 Planning Commission Minutes Page 1 of 15 developer can do the 20-foot set-backs. Cramer stated that the new R-1 Zone, will have a minimum (7,000 square feet) and a maximum lot size (12,000 square feet) with a reduced set back. Cramer stated that the new R-1 Zone would have 6’ side yards, 25’ front yards (reduced by 5’) and it will allow townhomes by right, not by condition. Cramer stated that R-3 and R-3A stays the same. Cramer stated that R-2 (name might change) will be a traditional neighborhood zone. Cramer stated that it will be modeled after the development patterns of the numbered or lettered streets. Cramer stated that it will have skinny lots (25’ x 125’). Cramer stated that the R-2 the traditional neighborhood becomes a “form based code” instead of language based code. Cramer explained that form based code does not refer to architectural design standards. Cramer stated that form based code is about the context of the development. Cramer stated that form based code looks at the average set backs on the property, common features (i.e. front porch or walk way), and instead of having a minimum/maximum set back you look at averages of the rest of the block and base it accordingly. Cramer stated that it is designed for in-fill for vacant lots and could be used for new development. Cramer stated that it could have a mix of housing types, including single family and multi-family. Cramer suggested that the Commissioners view the “Missing Middle Housing”. Morrison stated that he watched the “Missing Middle Housing” and highly recommends it. Wimborne asked if they would identify form based standards for different parts of the City, or would the developer approach the City with any area. Cramer stated that the Form Based standards would be written into the code and there are separate set of standards for in-fill versus new development. Cramer stated that the form based code will give and/or maintain a specific look and feel to a neighborhood. Swaney clarified that the average configuration parameters will be what will apply to the infill, and anything that is green field will be the standard as there is nothing to average. Cramer stated that the Comprehensive Plan talks a lot about creating walkable places and this would create the good connections to services that are near-by. Wimborne and Cramer discussed if there is a need for a morning works session meeting in September. CALL TO ORDER: Vice-Chairman Wimborne called the meeting to order at 7:00 p.m. and reviewed the public hearing procedure. Wimborne stated that due to her position with the School District she will recuse herself from Public Hearing #3, CUP for Alturas Charter School/O.E. Bell Building, and Commissioner Morrison will Chair that portion of the meeting. CHANGE TO AGENDA: Cramer stated that Item #1 on the Public Hearings, Annexation/Initial Zoning for Snake River Landing Division No. 11 should be in the Business Section of the Agenda, as it is not a public hearing. Morrison moved to change Public Hearing Item #1. Annexation/Initial Zoning for Snake River Landing to a Business Item (#2), Black seconded the motion and it passed unanimously. Minutes: Swaney moved to approve the minutes of June 7, 2016, Josephson seconded the motion and it passed unanimously. July 19, 2016 Planning Commission Minutes Page 2 of 15 Business: 1. FINAL PLAT 16-018. George Washington Estates Division No. 7, 1st Amended. McLane presented the staff report, a part of the record. No applicant was present. Morrison moved to recommend to the Mayor and City Council approval of the final plat for George Washington Estates, Division No. 7, 1st Amended as presented, Denney seconded the motion and it passed unanimously. 2. ANNEXATION/INITIAL ZONING 16-011. Snake River Landing, Division 11 GAP. Cramer presented the staff report, a part of the record. Applicant: Clint Boyle, Horrocks Engineers, 901 Pier View Drive, Idaho Falls, Idaho. Boyle stated that it was discovered that there was a survey gap which has been rectified through Quit Claim Deed and allowed for them to annex the remnant piece of property. Swaney moved to recommend to the Mayor and City Council approval of the Annexation with Initial Zoning of C-1 for .416 Acres of Snake River Landing Division 11 GAP, as presented, Morrison seconded the motion and it passed unanimously. Public Hearings: 2. ANNEXATION/INITIAL ZONING 16-009. Castle Rock. Cramer presented the staff report, a part of the record. Wimborne opened the public hearing. Applicant: Clint Boyle, Horrocks Engineers, 901 Pier View Drive, Idaho Falls, Idaho. Boyle indicated that the proposal will have bigger lots than what was presented earlier in the year, which will match the neighborhood to the north. Boyle indicated that it will have lower density when compared to the proposal earlier in the year. No one appeared in support or opposition. Wimborne closed the public hearing. Morrison moved to recommend to the Mayor and City Council, approval of the annexation with Initial Zoning of RP-A for 11.146 Acres, Section 32, T 2N R 38E (Castlerock), as presented, Black seconded the motion and it passed unanimously. 3. CUP 16-003. Conditional Use Permit Alturas Charter School/O.E. Bell Building. Wimborne recused herself from this public hearing. Commissioner Morrison Chaired the agenda item. Black stated that she is also a School District employee, but has a different position than Wimborne and the City Attorney advised that she does not need to recuse herself from this matter. Beutler presented the staff report, a part of the record. Morrison asked if the school will use 100% of the building. Beutler stated that other than the restaurant portion the school will use July 19, 2016 Planning Commission Minutes Page 3 of 15 the rest of the building. Black asked if Alturas Charter School currently owns the building. Beutler deferred to the applicant. Black asked if a commercial business is allowed within a school. Beutler indicated there is nothing in the Zoning Ordinance that would prohibit it. Black clarified that with the school and restaurant there is a need for 75 parking spots. Beutler agreed with Black and indicated that the site provides 91 onsite parking spaces. Black asked if the developers met with the neighbors. Beutler indicated they met with the neighbors in an attempt to answer and resolve any questions prior to the hearing. Morrison opened the public hearing. Applicant(s): Andy Erstad, 310 N 5th, Boise, Idaho. Erstad indicated that he was the original architects that renovated the building in 1999. Erstad showed the first site design that had the playground in the corner of the site. Erstad indicated that in the neighborhood meeting there was concern from the owner of Arugula regarding parking the restaurant could need. Erstad stated that the change of the playground location gave more space for the drop off zone. Erstad wanted to respond to the concerns stated in the letter. Erstad stated that Steve Andrew and Michelle Ball (head teacher) are present to answer any operational questions. Erstad stated that the concern with kids wandering around the neighborhood should be minimal as the school is a closed campus. Erstad stated that the concern with the Elm Street access and egress will be worked through with staff during the site plan review. Erstad stated they recognize that it is a tight area and they might widen out the spots. Erstad deferred to Steve Andrew for the concern regarding the monitoring of students during drop off and pickup. Erstad stated that the parking that is conceptually identified will not conflict with the Mini Mart clientele. Erstad stated that at this point they are over parking on the site and do not anticipate needing the parking near the Mini Mart. Erstad indicated that the concern with snow stack will be addressed with areas on the site for snow stacking. Erstad stated they are required to maintain all of the moisture on the property. Erstad stated that the bus drop-off zone will be in the front of the building. Erstad indicated that the administrative area is at the front of the school and as kids come and go they are adjacent to an administrative area and there is a monitoring aspect. Erstad indicated that lunches will be provided to the students on campus. Erstad clarified that there is one large playground area with gates across the walk. Erstad indicated where the trash collection and recycling pickup will be on the site. Erstad stated that there is still a dedicated alley that runs through the parking lot and it still functions as a City access point. Erstad indicated that they will identify the times that the service trucks go through and can adjust the kids recess times to not conflict. Erstad stated that they will work closely with staff to define the new lighting lay out for parking and playground area and it will meet the photometric requirements of the Ordinance. Erstad indicated that the building is under contract with the Rigby Family. Erstad indicated that Drew Damico can address the ownership issues if needed. Josephson indicated that the daily demand for parking will be 35-40 cars parked on the facility. Erstad stated that they have addressed the matrix that in schools K-6 which is 1 car per class room, and then five additional cars. Erstad stated that Arugula’s parking is generated by square footage. Erstad stated that in the times he’s been to lunch at Arugula he has never seen them use 44 parking spaces. Erstad stated that they are exceeding the code/ordinance requirement for parking. Swaney asked about the hours of operation. Erstad deferred to Steve Andrew. July 19, 2016 Planning Commission Minutes Page 4 of 15 Stephen Andrew, 5134 Lindy Lane, Ammon, Idaho. Andrew indicated that the students will be at the school from 8:15 – 3:15 and staff would be there from 7:30 – after 4:00. Andrew included that the hours of operation are Monday - Thursday for students and Friday will have staff from 8:30 – 3:00. Andrew indicated that their priority is student safety and the car stacking for drop off will give them an opportunity to get students into the building without having to cross lanes of traffic. Andrew indicated they will have staff on both sides of the building for bus and car drop off. Andrew stated they have invited Arugula to provide bids on the lunches. Andrew indicated that the school will occupy the entire building with the exception of Arugula Deli. Andrew indicted they will use the gym for a cafeteria and will have vendors bring the food each day. Andrew indicated that during recess times and before and after school they will be supervised by adults. Josephson asked about the policing of safety to keep “outsiders” out. Andrew indicated that the building will be locked during school days and the only access will come from the front of the building by the administration area. Andrew indicated that the majority of the students will come from parent/student provided transportation and not walking from the neighborhood. Andrew added that they do not have a demographic of their students and they will have to adjust the safety protocols to meet the needs of the students. Michelle Ball, 6680 Red Buff, Idaho Falls, Idaho. Ball stated that they had a home school in downtown Idaho Falls. Ball indicated that the cultural awareness that the homeschool gave the children was unbelievable and opened a whole world that most students do not get the opportunity to do, because of the location to Historical Downtown Idaho Falls. Opposition: Allen Udy, 1002 Plomon Circle, Idaho Falls, Idaho. Udy indicated that on the site plan the designated north is actually south. Morrison Closed the public hearing. Swaney stated that this sounds like a good plan and commended the applicant on the interaction with the neighborhood and trying to address all concerns presented in the letter. Swaney indicated that the conditional use permit does need to address the physical layout and configuration, but in terms of the internal operations, other than the hours of operation, there is no reason for the Commission to interject or intervene in terms of the internal operation of a charter school. Black stated she was in the last graduating class at O.E. Bell. Black clarified that if the contract for sale falls through then the CUP is gone. Beutler indicated that if ownership changes they have to approach Council and request the CUP to remain in place. Morrison complimented the applicant on working with the neighbors to work out problems. Josephson moved to approve the Conditional Use Permit for Alturas Charter School within the existing O.E. Bell Building, Denney seconded the motion and it passed unanimously. Swaney moved to approve the Reasoned Statement of Relevant Criteria and Standards as presented by Staff, Black seconded the motion and it passed unanimously. 4. REZONE 16-003. Eagle Ridge Division No. 2. McLane presented the staff report, a part of the record. McLane noted that the staff report indicates it is 0.875 acres when it is actually 1.366 acres. Wimborne commented about the letter that makes reference to a concern of cars awaiting work to be out of public view. Wimborne stated that the ordinance in Section (d) Special July 19, 2016 Planning Commission Minutes Page 5 of 15 Provisions seems to address that concern. McLane agreed with Wimborne that the ordinance addresses the concern and requires the automobiles that are being worked on that are dismantled cannot be in the front of the building and would have to be stored in the back of the building that is obscured and fenced in. Wimborne asked about a dented vehicle. McLane indicated it is a grey area and the City would have to make sure it did not become a nuisance. McLane indicated that the area in the back of the property is already fenced in. Black stated that in C-1 there are landscaping requirements and CC1 has no landscape requirements. McLane stated that the landscaping requirements in CC1 are not required because there is a zero building setback. McLane stated that the site as it develops would be required to improve the access point on Pancheri and additional improvements to the parking lot and a 10% interior landscaping. Wimborne opened the public hearing. Applicant: Kevin Young, 2301 Craig Ave., Idaho Falls, Idaho. Young is co-owner of Young Auto Body (490 W 19th Street, Idaho Falls, Idaho.) Young indicated that the intent to rezone the property is to use the property for an auto collision repair facility. Young indicated that in the past the area has been heavy industrial area and is now transitioning to a mixed commercial. Young stated that the Comprehensive Plan outlines strategies for areas in transition and gives the option for creative solutions for vacant properties. Young stated that when the building was annexed in 2008 it was for limited use commercial. Young stated they had discussed purchasing land and building a new building, but they feel it is more beneficial to the transition of the area to use the existing building. Young stated that the benefits of the rezone include the change of use and the property will be brought up to City Code. Young stated they have been working with City Staff to make sure they follow all the requirements for City Code. Young indicated that there is a lot of CC1 in the area. No one appeared in support or opposition. Wimborne closed the public hearing. Morrison stated that this will be an improvement to the area. Swaney reminded the Commission that anything allowed in the CC1 zone can be put in, not just what the applicant is suggesting they are going to build. Swaney indicated that it is appropriate for the area. Black agreed that anytime property can be improved is good. Black stated that the City and Commission have worked hard to improve the area and not have it industrial and to have more landscaping. Black stated it is not an entrance to the City, but is an area with a lot of traffic. Black is worried about the cars being in the front and not looking good for the area. Morrison moved to recommend to the Mayor and City Council approval of the rezone from C1 to CC1 for Lot 2, Block 1, Eagle Ridge, Division No. 2, Denney seconded the motion and it passed 4-1. Black opposed the motion. Black stated that where the City has tried to improve the area, she does not think that it would be a good fit for the area. 5. ANNEXATION/INITIAL ZONING 16-006. Linden Trails, Division No. 1. Beutler presented the staff report, a part of the record. Black asked what the timeline was for widening July 19, 2016 Planning Commission Minutes Page 6 of 15 Pancheri. Beutler stated that he is not sure of the time line and does not think the design is done. Beutler indicated that the applicant would participate in the widening with their project, but it could be a payment in lieu of doing the project and the project would occur at the time the City will widen the street. Morrison asked about the empty space to the north. Beutler stated it is undeveloped land that is zoned C-1. Wimborne asked about the little jog on Pancheri and asked if it is a “survey gap”. Beutler indicated that it is a portion of Pancheri’s right-of-way that has not been annexed and the applicant, as part of their annexation will include that portion of the right-of-way. Wimborne opened the public hearing. Applicant: Wendy Sharief, Horrocks Engineers, 460 Franklin Rd., Nampa, Idaho. Sharief indicated they are requesting residential zoning in an area that is designated residential in the Comprehensive Plan. Sharief indicated they are applying for two zones with the R-1 close the existing single family homes and R-2 where the property would border higher intensity/commercial/multi-family. Swaney asked if they have had any neighborhood meetings. Sharief indicated on June 9, they met at Eagle Rock Junior High. Sharief indicated it was well attended (40 people). Sharief indicated they have had correspondence with the neighbors since the meeting. No one appeared in support. Opposition: Brian Dixon, 2900 Linda Street, Idaho Falls, Idaho. Dixon stated that the R-2 rezone is his concern. Dixon stated that the traffic that will funnel through his neighborhood is troubling. Dixon indicated that he estimates it will be approximately 460 cars that would go through Westridge. Dixon stated that the townhomes to the west that is connected to Broadway, but rarely do they use Old Butte to get to the townhomes, they use Broadway as it is most convenient. Dixon stated there are a lot of kids in the neighborhood. Dixon stated that the R-2 will have a lot of kids out playing as well and there could be a potential problem with the traffic. Brenda Downs Webber, 2862 Linda Street, Idaho Falls, Idaho. Webber indicated that the existing corner of Donna they had a school bus hit head on due to the tight corner. Webber indicated that they are discussing opening that road to go into the R-2 area of the annexation. Webber stated that none of the townhomes have garages and she is concerned about the parking. Webber stated that she suggested having Donna remain a cul-de-sac and not push through and have both entrances onto Pancheri. Brianna Dixon, 2844 Pam Street, Idaho Falls, Idaho. Dixon stated that she did not receive notice of the public hearing. Dixon stated that her concern is the traffic and the number of children playing outside. Dixon stated that Thomas Drive has gutters that slow traffic down (sometimes). Dixon stated that having Thomas be a speed way through to Pancheri will be dangerous. Terry Holverson, 2907 Pam Street, Idaho Falls, Idaho. Holverson’s home is on the corner of Donna and Pam. Holverson stated that they have a bad taste for R-2 due to the R-2 zone to the July 19, 2016 Planning Commission Minutes Page 7 of 15 west. Holverson complained of the dirt and dust issues from the piled dirt. Holverson stated that they have lived in a dust storm. Holverson wants them to control their dust while building. Pete Ferrell, 270 Donna, Idaho Falls, Idaho. Ferrell stated that the situation to the west of them is appalling. Ferrell indicated that the R-2 will turn into a slum and ghetto. Ferrell stated that they are cramming people into the high rise apartments and ruining the property values. Ferrell stated the dust is terrible. Ferrell stated that Donna is too tight on the corner and has many accidents. Ferrell stated that their neighborhood is quiet and he is afraid it will turn into a slum. Beutler indicated that notification is required for 350 ft. surrounding the property and notification went to the backs of the homes on Linda Street. Beutler indicated that homes on Pam Street or farther north would not have received notification. Applicant: Wendy Sharief, Horrocks Engineers, 460 Franklin Rd., Nampa, Idaho. Sharief stated that they are not intending to use the full density allowed by R-2 (17 units per acre) they are proposing 10 units per acre. Sharief indicated that they are proposing a less intense density than the R-3 to the north. Sharief stated that R-2 is proposed for the townhomes to be platted for subdivision lots for the individual units so they can be owner occupied. Sharief stated that this area is an example of having to up-zone to get the dimensional standards they want for the project. Sharief stated she is amenable to being limited through a development agreement for their density of 10 units per acre. Sharief stated that the dust issues will be taken care of for their project. Wimborne closed the public hearing. Swaney stated that the reasons the applicant has presented are consistent with the Comprehensive Plan and the property owner wants to develop their property. Swaney stated that the zoning is consistent with City Ordinance. Swaney stated that he understands the comments made and believes they are in regard to the Preliminary Plat and PUD that are other issues that will be considered in the next hearings. Swaney indicted they have an obligation in terms of the law and City Ordinance where the applicant complies they cannot arbitrarily ignore a compliant application and reject it. Morrison agreed. Black stated that the R-1 moving into R-2 will give a good buffer to the medical office, commercial and R-3A. Morrison moved to approve the annexation and initial zoning of R-1 and R-2 for the Linden Trails, Division 1, as presented, Black seconded the motion and it passed unanimously. 6. PRELIMINARY PLAT 16-015. Linden Trails Division No. 1. Beutler presented the staff report, a part of the record. Swaney stated that the actual number of increased traffic trips for the neighborhood should be in the executive summary. Swaney asked for the actual numbers of increased traffic trips associated with the development. Beutler deferred to the applicant (Horrocks Engineers) for the specific numbers. Beutler stated that the applicant looked at off - site intersections (Bellin/Pancheri, Broadway/Bellin) in the area to see what the impact of the development would be on the larger neighborhood. Beutler indicated that the City Engineer submitted corrections to the applicant and they addressed those changes. Beutler stated that the traffic study concluded that the development will not cause excessive delay or queuing on the intersections. Beutler stated that traffic studies are dealing with level of service and they are July 19, 2016 Planning Commission Minutes Page 8 of 15 trying to conclude if it will cause the level of service to be degraded or changed on the neighborhood streets. Beutler added that the traffic study found that there would not be a change in the level of service in the area. Morrison asked why there could not be another access onto Pancheri. Beutler indicated that the Access Management Plan has specific spacing requirements (660’ on major arterials) to allow the continued flow of traffic. Wimborne asked why the subdivision across Pancheri has two access points. Beutler indicated that the subdivision was built prior to the Access Management standards. Wimborne stated that the public testimony concerns are with safety and that is not addressed in the traffic study. Wimborne asked how safety is addressed. Beutler stated that the width of rights of way and bus and cars being able to maneuver and he does not have an answer for those concerns as the streets are the necessary width for two way movements and should accommodate the traffic. Beutler stated that the dips on Thomas are for storm drainage and not to slow down traffic (speed bump). Wimborne asked if the City Engineer feels that the design of the road will keep it from being a race way. Beutler agreed and stated that the specific design was to eliminate the street turning into a through street. Black asked about the dust that had been discussed in previous testimony. Beutler stated that the dust is coming from a development along Janessa Lane. Beutler stated that it is a problem and the builder has been stock piling the dirt from foundations. Black asked how the problem is addressed. Beutler indicated that the City does have means to either put a stop work order on the project or to provide a citation to the builder if they do not take the necessary provisions that the EPA has lined out as far as air borne dust. Beutler stated that staff is working with the contractor and there has been discussion of a citation. Wimborne opened the public hearing. Applicant(s): Wendy Sharief, Horrocks Engineers, 460 Franklin Rd., Nampa, Idaho. Sharief stated that one side of the project has larger sized county lots and the other side intensive commercial and multi-family uses. Sharief stated this project will transition between the two uses. Sharief stated that the western edge of the project that is adjacent to commercial and multi-family uses is proposed townhomes. Sharief stated they will be individual units that are side by side. Sharief stated they will plat each unit so they can be purchased. Sharief stated that their target market is single professionals, older empty nesters, or young families for a starter home. Sharief stated that this area will transition from the commercial to the much larger family lots that are ¼ acre lots. Sharief stated that in Westridge the lots are approximately 7,000 square feet and this development has proposed lots on the R-1 section of 11,000 square feet. Sharief stated that they are proposing 172 town home units (43 buildings). Sharief stated they will have parking as well as six 12 bay garages. Sharief stated that the town home area has 25% green space. Sharief stated they are proposing to have a central park area with playground equipment and picnic areas. Sharief stated they are putting in an extension of the existing path way. Sharief stated that page 17 in the traffic report is the most useful page. Sharief stated that the traffic summarized that upon full build out (Phase 5), at peak hour the entire project will add 146 additional trips. Sharief stated that another section discusses the number of additional trips that will go north through Westridge at peak hour and calculated 17 additional trips through Westridge. Black asked what the anticipated square footage of the townhomes would be. Sharief stated that the townhomes building foot print is 40 x 80. Black asked about the anticipated price range. July 19, 2016 Planning Commission Minutes Page 9 of 15 Sharief stated that she is not sure and would defer to the builder. Black asked about the average square footage of the homes in R-1 section. Sharief stated that they could be 2400 square feet. Black asked about parking for the townhomes. Sharief stated they are over parked for the requirements. Sharief stated they have 72 uncovered spaces and 1.5-2 spaces per unit. Sharief stated that in addition to that they have garages that people can purchase. Black asked if they have additional parking spaces for guests. Sharief stated that they have parking that exceeds the minimums. Lance Mortensen, 415 Stateline, Freedom, Idaho. Mortensen stated he is the developer of the project. Mortensen stated that they have won awards for their dust control programs. Mortensen stated they will always have a water truck on site any time there is any earth disturbance. Mortensen stated that his development will cater to young buyers as well as people who want larger homes. Mortensen stated that he does not build slums. Mortensen stated that they take the town homes and individually plat them so they can be purchased. Mortensen stated that they average 1400-1500 square feet, 3 bed room, 2.5 baths. Mortensen stated that they mix the garages in to change the look. Mortensen stated that they anticipate government programs that will make first time home buying affordable again. Mortensen added that they are not building slums and will not cause a dust problem. Swaney asked about the traffic study and the actual trips per peak hours, especially the trips that are anticipated at full build out 229 residential properties. Mortensen stated that they hired professionals to do the study. Mortensen stated that the studies are transparent. Swaney asked for the numbers and how they arrived at the low number for trips per peak hours going through Thomas to Broadway. Black asked about the central park area and asked it to be pointed out. Beutler indicated that the central park area is addressed in the PUD. Wimborne clarified that the question is how did they come up with the numbers for the traffic study. Mortensen stated they will get that answer for the Commissioners. Blake Jolley, Connect Engineering, 1150 Hollipark, Idaho Falls, Idaho. Jolley stated that the numbers generated through the traffic study are at PM or AM peak hour and the peak hour trips are developed from 7-9 a.m. and 4-6 p.m. during the week. Jolley stated that it’s not a number that is developed for all of the units for the whole day, its only for the peak hours. Jolley stated that they have a lot of meetings with public works and staff to come out with the layout. Jolley indicated they were trying to create a design that would limit traffic going out north. Jolley indicated that the street sections that are worked out with Periska being the main collector will have a 60’ right of way with the 70’ section. Jolley stated that the asphalt widths and sidewalks will look like a 70’ right of way street. Jolley stated there will be 39’ of asphalt on the main Periska way. Jolley stated that the other residential roadways have the typical 60’ right of way for residential areas and the right of way widths in Westridge are 50’ in width. Jolley added that public works required applicant to tie to those streets. Jolley stated that the connection at Periska was required by Public Works through the City Engineer and the request was to not have a 2nd access off of Pancheri. Wimborne asked and Jolley agreed that due to the size of the development it needs multiple entrances. Jolley stated that regardless of the multi-family townhomes being in the development or not they were required to have two access points as a fire requirement. No one appeared in support. July 19, 2016 Planning Commission Minutes Page 10 of 15 Opposition: Andrew Dixon, 2789 Pam Circle, Idaho Falls, Idaho. Dixon stated that he believes the R-2 will be low income housing. Dixon stated that he is concerned about 10 years down the road when it turns into trouble with people he doesn’t want living in his neighborhood, decreasing his property value. Marco Reynolds, 1160 Courtney, Idaho Falls, Idaho. Reynolds asked about elementary schools as the schools are full currently. Reynolds asked if they will get more police force going through the neighborhoods. Reynolds is concerned about the speed in the development. Brenda Downs-Webber, 2862 Linda, Idaho Falls, Idaho. Webber is concerned about the property value. Webber stated that they did not get an idea of the value of the 4-plex down homes. Webber stated that they were presented that the townhomes will be duplex that will be owned. Webber stated that the increase of the units will overcrowd the schools and they are already paying for two different school bonds. Allen Udy, 1002 Plomon Circle, Idaho Falls, Idaho. Udy indicated that the facility to the west of the R-2 on Pancheri is not a medical complex, it is a daycare. Udy asked where the power and other utilities for the development will come from. Udy asked if there is adequate sewer and water to service the development. Udy asked what it will do to the area’s internet speed. Gloria Udy, 1002 Plomon Circle, Idaho Falls, Idaho. Udy stated that Periska is destined to be 4 lanes and that is a busy road and asked how is traffic going to flow onto Pancheri and will it have a light. Udy asked why the proposed green space is not shown on any of the maps. Wimborne clarified that the green space will be addressed in the next public hearing on the PUD. Udy is concerned that there is no commercial within walking distance and no reliable public transportation. Udy asked who will pay for the water, power and sewer. Udy is concerned about the water drainage. Udy is concerned for the children’s safety. Margy Whiting, 320 Donna, Idaho Falls, Idaho. Whiting stated her driveway will face Periska and her backyard faces Janessa. Whiting is concerned about the dust control for the new development during excavation. Whiting is concerned about the traffic and the parking. Shane Wagner, 2777 Pam, Idaho Falls, Idaho. Wagner stated he saved to buy in Westridge and is not wanting Westridge connected to townhomes. Adam Dixon, 2844 Pam, Idaho Falls, Idaho. Dixon stated that the demographic they are wanting is empty nesters or new families, but 10 years down the road the demographic will change to something he does not want on the west side of town. Dixon stated the way the streets are lined out are unacceptable. Dixon stated that Thomas is the only way in and out of Westridge, and suggested having an exit out by Janessa by the Butte Apartments. Dixon is worried about the foot traffic through Westridge. Brianna Dixon, 2844 Pam, Idaho Falls, Idaho. Dixon stated that she is concerned that the turn on Thomas will not help the traffic problem. Dixon stated that she lived in a townhome and multiple times she had to call the police for problems and she is concerned those problems will come with these townhomes. Dixon is also concerned with the foot traffic that could be coming through the neighborhood July 19, 2016 Planning Commission Minutes Page 11 of 15 Terry Holverson, 2907 Pam, Idaho Falls, Idaho. Holverson stated that this development will add to the response times on Station 5. Holverson stated that the plat layout has been addressed for Thomas, but nothing has been addressed for Donna. Holverson chose his lot because there was supposed to be a cul-de-sac to stop the traffic. Holverson believes someone will get hurt due to the traffic flow problem. Applicant(s): Dennis Hourany (Developer), 6382 State Line Rd., Freedom, Idaho. Hourany stated they take pride in their projects and the communities they build. Hourany stated that they are kept well by using CC&Rs. Hourany stated that this development will have CC&Rs even in the single family detached portion. Wimborne asked for a definition of CC&Rs. Hourany stated they are codes and covenants that control architectural, environment and the community. Hourany stated that without the CC&Rs in place the area can turn into a slum. Hourany stated that the CC&Rs are recorded and enforced. Hourany stated that there will not be a dust problem with the excavation on this development. Hourany stated that the utilities for the development have been addressed prior to reaching this point in the application. Hourany stated that the density allowed in the R-2 is 17 units per acre and they are just slightly over 10 units per acre. Hourany stated that the open space is in excess of the requirements. Hourany stated that the parking is in excess of the requirements. Lance Mortensen, 415 Stateline, Freedom, Idaho. Mortensen stated that his communities have home owner’s dues to maintain everything so the area will not become a slum. Mortensen stated that there will be a board of directors that will ensure that the streets are cleaned, the landscape is maintained, so it is not up to the individual home owner, because the landscape maintenance is done by the dues paid by the home owners. Mortensen stated that each unit will pay taxes and the taxes will pay for the police, fire, etc. Mortensen stated that larger companies will come to Idaho Falls if there are places for employees to live. Mortensen stated that the articles are recorded against the property that require the home owner to meet certain requirements. Wendy Sharief, Horrocks Engineers, 460 Franklin Rd., Nampa, Idaho. Sharief had Beutler pull up the Traffic Study. Sharief stated that John Dorney put together the traffic study and has 20 plus years in doing traffic studies. Sharief walked through the basics on how the traffic studies are put together. Sharief stated there is a standard for trips generated for a use (i.e. hair salon, single family home). Sharief stated that the number assigned for a single family home produces 10 trips per day where as a town home generates a lower number approximately 7. Sharief went to page 17 of the traffic study and explained some of the elements on the traffic study. Sharief stated that at full build out for Linden Trails there will be a total number of trips for a 24-hour period of 1,542. Sharief stated that the trips generated at peak hours are important and the PM peak hour the project will generate is 146 new trips. Sharief stated that is a combination of trips that mostly come out on Pancheri. Sharief went to figure 12 of the traffic study and showed that the traffic study works and has negotiations with the City Engineer to determine where the trips are going. Sharief showed on the traffic study that the estimate for Thomas Drive for PM Peak hour will have 16 trips. Sharief stated that the study is based on engineering standard. July 19, 2016 Planning Commission Minutes Page 12 of 15 Swaney stated that when he looks at the numbers for location 2 and 3, the peak hour numbers seem to represent an even split north and south. Swaney stated that roughly the same number will go through Thomas as through Pancheri which is a concern of the neighborhood. Sharief stated that less than half the traffic should go through Thomas. Sharief pointed out that at full build out Pancheri should be a larger draw versus Broadway. Sharief stated that using the connection through Thomas is required by the City Engineer to have the connection. Sharief stated that the preliminary plat is in compliance with the zones. Wimborne closed the public hearing. Morrison indicated the Commission is empathetic to the neighborhood concerns. Morrison likes the idea of providing first homes and having the CC&Rs will mitigate the problems in the future. Morrison indicated that the City has no problem supplying sewer/water and other utilities Morrison is concerned with the streets in the development only having one exit onto an arterial. Morrison anticipates a lot of inner traffic and suggested putting another street all the way through to Pancheri. Morrison indicated that the roads in the development are paid for from the developer, not through taxes. Black stated that town homes are a nice entrance into the market. Black stated that other areas have shown that property taxes do not fall near multi-family developments. Swaney stated that in general the project is good. Swaney stated that the two problems he sees are in the Relevant Criteria and Standards stating that the main access will come from Pancheri (#6). The traffic study shows that the access to Pancheri is barely in excess of half of the peak trips per hour. Swaney stated that he understands that the developer has a need to satisfy City Ordinance for emergency response. Swaney stated that half of the traffic through Thomas is an unreasonable burden on the current residents in Westridge. Swaney stated that the #7 may have made a determination, but in reality 229 residential units will create excessive traffic problems at Pancheri and Thomas. Josephson stated that in general the subdivision meets the criteria. Josephson would like another north exit that does not go through Westridge. Morrison stated that this development is a transition with a lot of houses, and not a perfect transition. Denney stated that she does like the idea of the townhomes that can be purchased and owned. Denney stated that you can tell which homes are owned and which are rentals when you drive through neighborhoods. Denney stated that there is a need for the diversity in housing. Wimborne stated that there have been concerns about the points in the Relevant Criteria and Standards. Morrison moved to approve the Preliminary Plat for Linden Trails, Division 1, Black seconded the motion and it passed 4-1. Swaney opposed the motion. Swaney stated that he does not believe the traffic study is accurate. Swaney stated that 229 residential homes will result in higher peak trips. Wimborne stated that Swaney has raised concerns about how the traffic impact is written and stated in the Reasoned Statement of Relevant Criteria and Standards and asked staff how they should address those concerns. Beutler stated that the Commission can strike or add what they want to make the statement more -true. Wimborne suggested addressing the “main access” as it is by a slim margin as addressed by Swaney. Wimborne and Morrison asked about the language on #7, and Beutler suggested July 19, 2016 Planning Commission Minutes Page 13 of 15 modifying the statement so they are not out of sync with what the study did actually conclude. Wimborne suggested that on #7 they could simply say: “The applicant completed a traffic study.” Wimborne suggested on #6 that it read: “Access to the development will come from the extension of Periska Way on the north side of Pancheri with connections to the north through Thomas and Donna Drives. Morrison moved to approve the Reasoned Statement of Relevant Criteria and Standards with changes as read (#6 to read: Access to the development will come from the extension of Periska Way on the north side of Pancheri with connection to the north through Thomas and Donna Drive, and changes to #7 to read: The applicant completed a traffic study for the development), Denney seconded the motion and it passed 4-1. Swaney opposed the motion. Swaney indicated that his opposition is still to the traffic study and the 229 residential units will generate only 32 peak hour trips at Pancheri intersection or the Thomas intersection with Broadway and Swaney does not think Westridge needs to bear the burden of the hazard of additional trips. 7. PLANNED UNIT DEVELOPMENT 16-005. Linden Trails Townhomes. Beutler presented the staff report, a part of the record. Wimborne opened the public hearing. Applicant: Wendy Sharief, 460 Franklin, Nampa, Idaho. Sharief stated that the reason they are applying for a PUD is so they can individually plat the townhome units so they can be sold individually. Sharief stated that there is a minimum of 25% open space that is required for a PUD and in this project there is 8 acres (47%) green space. Sharief stated that they are providing amenities and extending a 10’ pathway through to Pancheri which will link the pathway in the area. Sharief stated that in the centralized open space area they will have picnic equipment and playground equipment. Sharief added that the recreation area will be open to the neighborhood and will not be closed off. Wimborne clarified that with the individual plat would only be the ground right under the townhome and there is no yard or other area associated with the purchase. Sharief agreed with Wimborne. Sharief stated that all of the green space surrounding the units will be in a common lot that is owned and maintained by the home owner’s association. Sharief stated that the residents will pay monthly dues for the upkeep and landscaping in the area. Josephson asked if the water and sewer is individual hook ups or one hook up per building. Sharief stated they will work with City Engineering. Sharief stated that they anticipate having an individual water and sewer hook-up for each unit, but it will be up to what the City Engineering department decides to deal with the lines. Sharief stated that any lines coming into the unit are in a common lot, so it is easier to extend individual utilities to the buildings. Sharief added that each unit will be metered. Sharief showed elevation drawings of a development the developers did, that is more-dense that the proposed development. Lance Mortensen, 415 Stateline Rd., Freedom, Idaho. Mortensen stated that by putting the open area in a home owner’s association, it will always be maintained by the association and it will always look nice. Mortensen stated that if one home owner did not pay their bill the area is still maintained. Mortensen stated that each unit pays in approximately $60.00/month for the July 19, 2016 Planning Commission Minutes Page 14 of 15 maintenance of the landscaping, fencing, playground, asphalt areas, cleaning, etc. Mortensen stated that if the area was a 4-plex, the banks would not loan money so that people can own their own home and the land underneath it. Morrison asked who is responsible for maintaining the outside of the buildings. Mortensen stated that the HOA is responsible for that maintenance. No one appeared in support. Opposition: Brianna Dixon, 2844 Pam, Idaho Falls, Idaho. Dixon stated that they feel better knowing there is an HOA. Dixon stated that the traffic is still a problem for her. Applicant: Wendy Sharief, 460 Franklin, Nampa, Idaho. Sharief stated that they are asking for the approval of the PUD so they can sell off the individual units. Sharief stated that they are quality developers. Wimborne closed the public hearing. Morrison thanked the public for their input and courtesy. Morrison thanked the developers for their presentation. Black stated that the input from the community is taken very seriously. Black commended the developer for exceeding the requirement for green space and not maximizing the density of the units. Swaney agreed with Black and Morison on the PUD concept. Swaney asked staff and the City Engineer to take a much harder look at traffic studies, as he does not feel that this traffic study is credible and Swaney agrees with the residents’ concerns on creating traffic problems and traffic hazards for the existing residents and future residents. Josephson moved to recommend to the Mayor and City Council approval of the Planned Unit Development for Linden Trails as presented, Morrison seconded the motion and it passed unanimously. Wimborne Adjourned the meeting. Respectfully Submitted Beckie Thompson, Recorder July 19, 2016 Planning Commission Minutes Page 15 of 15

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