Planning Commission

October 3, 2017 7:00 p.m. Planning Department Council Chambers MEMBERS PRESENT: Commissioners, George Morrison, Arnold Cantu, George Swaney, Natalie Black, Joanne Denney, Lindsey Romankiw. MEMBERS ABSENT: Brent Dixon, Darren Josephson, Margaret Wimborne, Gene Hicks, Julie Foster. ALSO PRESENT: Planning Director, Brad Cramer, Assistant Planning Director, Kerry Beutler, Brian Stevens and interested citizens. CALL TO ORDER: George Morrison (acting as substitute Chairman) called the meeting to order at 7:00 p.m. and reviewed the public hearing procedure. CHANGES TO AGENDA: Swaney moved to amend the Agenda to add an item to consider a nominating committee, Denney seconded the motion and it passed unanimously. Minutes: Swaney moved to approve the minutes for September 5, 2017, Black seconded the motion and it passed. Business: 1. Jackson Hole Junction Urban Renewal District. (Deb Nelson, Esq, counsel for applicant was present via telephone.) Beutler presented the staff report, a part of the record. Morrison asked Beutler to explain the strip on the south near Smith’s Chevrolet. Beutler stated that was part of the Sunnyside right of way that was annexed and will be included in the District. Black asked about the entrance onto Sunnyside. Beutler indicated where the access point will be and further clarified that the access point has been constructed after many meetings and is intended to be a lighted intersection. Black asked what they are verifying tonight. Beutler went through the process of forming an Urban Renewal District. Beutler stated that the applicant came before the Redevelopment Agency and requested a District to be formed; an eligibility study was performed to determine whether the area meets the criteria set out in State Statute; the study was presented to the Redevelopment Agency and City Council; and City Council approved the Eligibility Study indicating that the area does meet the minimum requirements for a District; the planning document must be created and that is within the packet, and the planning document goes to the Redevelopment Agency for a recommendation to City Council; and then City Council is the decision body that would approve or deny the creation of a new district. Beutler stated that statute requires that Planning and Zoning confirm whether it is in sync with the Comprehensive Plan. Beutler stated that there is a resolution in the packet and that the decision must be by resolution to the City Council. Black clarified and Beutler confirmed that City Council has already determined that it is eligible. Romankiw indicated that she has read the statute and the only job for this body is to determine whether it complies with the Comprehensive Plan, and it does. Romankiw moved to accept and sign the Resolution and forward that Resolution to City Council, Swaney seconded the motion and it passed unanimously. Beckie Thompson (Recording Secretary) read the Resolution by title: RESOLUTION OF THE IDAHO FALLS PLANNING AND ZONING COMMISSION RELATING TO THE URBAN RENEWAL PLAN FOR THE JACKSON HOLE JUNCTION URBAN RENEWAL PROJECT FOR THE CITY OF IDAHO FALLS. 2. RSC-1 17-002: RSC-1 SITE PLAN. Dutch Bros. Coffee. Stephens presented the staff report, a part of the record. Morrison asked if there is a cross access to Walgreen’s parking lot. Stephens indicated that on the south side there is a connection that is made from WinCo but the southern boarder will not connect to Walgreens so it doesn’t interfere with the flow of traffic for the drive thru. Black asked Stephens to show the flow of traffic. Stephens indicated that the traffic will enter from WinCo or Walgreens parking lot, with no access off Woodruff, and there will only be a right turn out onto Bonita. Applicant: Berry Bain, Connect Engineering. Bain stated that they didn’t put an access in off Bonita so traffic would not back up on Bonita onto Woodruff. Bain stated that the access is wider than 12’ so it is easier for garbage truck to exit. Black clarified and Bain confirmed that they will do the 50’ setback for the RSC-1 requirements, as well as a pedestrian connection to the street, and vehicular egress from the site on the north is one-way onto Bonita. Bain stated that they will lose 2 parking stalls when they go to a 50’ setback. Black commented that the building was nice looking and she wished that they would have used another lot or area that wasn’t as attractive. Black moved to recommend to the Mayor and City Council approval of the Final Site Plan Review for Dutch Bros Coffee, with the staff recommendations: 50’ setback per RSC-1 requirements; Pedestrian connection to street is made; Vehicular egress from site on the north is one-way onto Bonita Dr., Cantu seconded the motion and it passed unanimously. Public Hearings: 3. ANNX 17-006: ANNEXTION/INITIAL ZONING OF R-1. (Upper Power Plant) M&B Approx. 91.09 Acres SE ¼, S 1/2, Section 25 and a portion of the N ½ Section 36, T 3 N, R 37 E. Beutler presented the staff report, a part of the record. Black asked if this area was disputed while doing the area of impact with the County. Beutler stated this area was discussed and determined to keep it where it was at, but this annex will extend past the area of impact line. Morrison opened the public hearing. Applicant: Jackie Flowers, General Manager, Idaho Falls Power. Flowers stated that the request is to annex lands that are owned by the City of Idaho Falls, or other governmental entities, under which the FERC jurisdictional boundary applies. Flowers stated that this is a cleanup of jurisdictional area and allows the Power Company better enforcement of rules and regulations relating to the FERC requirements and other City jurisdictional issues. Flowers stated that there have been instances that have come up that have called into question some of the vulnerability associated with the obligation to meet the FERC obligations, particularly with the dikes on the boundaries of the property. Flowers indicated that there are no plans to improve the property beyond its current use. Flowers stated that they did get an affidavit of legal interest from the BLM to support the annexation of their property in conjunction with this annexation. Support/Opposition: Brian Edgerton, 6175 North 5th West, Idaho Falls, Idaho. Edgerton submitted a letter prior to the meeting. Edgerton showed where his home and property is located near the proposed annexation. Edgerton stated that he is not opposed, only has some questions. Edgerton asked: (1) Is there any precedent in the future for unannexed islands within County to remain unannexed. (2) Can you annex property without the expressed consent of the owners. (3) Edgerton asked if they are planning on limiting access with a gate or any other device to the power plant off the River Road. Edgerton encouraged the City Power to consider, if they are going to expand the night lighting, to use lights that direct down. Cramer addressed the questions posed by Edgerton. Cramer stated that a County island can exist and remain in the County, however it can be annexed. Cramer stated that there are 3 types of annexations Category A is when a property owner consents to annexation; Category B is implied consent such as the property having a City utility and thereby have essentially consented to annexation, or it meets criteria set out by the State. Cramer stated that Edgerton’s home and the homes to the south are eligible for Category B annexation, with or without consent, as they are contiguous to the City and the way the statute works, however the City has not looked at annexing these properties as they do not have a City utility, but since they have been divided into parcels of five acres or less they are eligible. Cramer stated this annexation doesn’t affect the properties at all. Cramer stated that if County properties are residential and less than 100 parcels and they are surrounded then it could move to a category A annexation and that is less intensive process to conduct the annexation. Swaney stated that the only times the City has pursued the class A annexation for the surrounded properties is where those properties are receiving City utilities. Swaney stated that to his knowledge the City has not pursued annexation of residential property under the configuration that Edgerton’s property presents. Jackie Flowers, General Manager of Idaho Falls Power. Flowers stated that the current lights being used are an inefficient use of electricity as they do light the sky. Flowers stated that 2 years ago they transitioned to standard lighting being LED shining down, and they are in the process of converting City wide lighting. Flowers stated that they can look at putting in those types of lights at the upper plant. Flowers stated that the access from North River Road is owned by the City and is not designated as public right of way. Flowers stated that they allow public use at the facility and foot traffic on the island. Flowers stated that they will leave the island open to foot traffic, as long as there is not a problem with vandalism or damage, and if FERC will allow them to proceed with the open access. Flowers stated that there is a gate on the access that can restrict vehicle access to the parking area. Flowers stated that if they have projects going on they will close the area. Flowers stated that there is no change planned for access. Edgerton asked about the public use of the parking area at all times of the night being disruptive. Flowers stated that they do have cameras that are located at the power house and do get good quality video. Flowers stated that they coordinate a lot with City Police on other public facilities and they look forward to coordinating with them on a consistent level of service. Flowers added that if they need to look at implementing a curfew for access they would review that. Morrison closed the public hearing. Swaney stated that the Annexation is requested by Idaho Falls Power and is appropriate with the City Comprehensive Plan, and is consistent with the current annexation ordinances. Swaney moved to recommend to the Mayor and City Council approval of the Annexation and Initial Zoning of R-1 for M&B: 91.09 Acres, SE ¼, S ½, Sec 25 and portion of N ½ sec 36, T3N, R37E, as presented, Black seconded the motion and it passed unanimously. 4. ANNX 17-007: ANNEXATION/INITIAL ZONING OF R3-A. Stephens presented the staff report, a part of the record. Swaney stated and Stephens agreed, that if the applicant decided to turn the residence back into a home for residential use it would still fit within the R3-A zone. Black asked if it is currently a conforming use. Stephens stated that it is a conforming use, and depending on the dimensional setbacks they might be outside of the conformance for required standards. Black asked if the playground is ok. Stephens stated that it would be similar to having yard toys in the backyard. Morrison opened the public hearing. Applicant: Steve Garnider, 3076 Mesquite Drive, Idaho Falls, Idaho. Garnider stood for questions. No one appeared in support or opposition to the application. Morrison closed the public hearing. Swaney stated that in their experience with Watersprings Group has been successful and they have always honored their commitments. Black moved to recommend to the Mayor and City Council approval of the annexation with initial zoning of R3-A for approximately 0.84 acres, Section 33 T 2N, R38 E, as presented, Denney seconded the motion and it passed unanimously. 5. RZON 17-010: REZONE. Amendment of the Comprehensive Zoning Ordinance for the City of Idaho Falls. Cramer stated that they have determined that the document is not ready to present, and they need to rethink the mapping. Cramer stated that they want to do public outreach. Cramer recommended that the Commission not take any action. Cramer proposed a revised schedule for the Amendment to the Comprehensive Zoning Ordinance as follows: End of October: Finalize Document; Get through map and rezoning issues; Finalize public outreach plan. Mid November: Press release announcing the project; Revise the audio videos and put on the website to answer, “what does it mean for me.” January: Public meetings with neighborhoods, general public, architects, engineers, etc. February: Public hearing with Planning and Zoning. Black thanked Staff for stepping back and see how the ordinance will affect people. Morrison agreed, and stated that involving the public more is very important. Swaney stated that rescheduling is good, and the most important part is hosting the public outreach meetings to alleviate misunderstandings with the public prior to the public hearing. No one appeared to speak on the issue. Morrison closed the public hearing. Cramer stated that no motion is needed on this item. Miscellaneous: Nominating Committee: Morrison asked for 2 people to volunteer to be on the nominating committee for new officers for 2018. Swaney and Cantu volunteered to be the nominating committee. Swaney asked if they can nominate a new member for the County Commission. Morrison Adjourned the meeting. Respectfully Submitted Beckie Thompson, Recorder