The URL can be used to link to this page

03.04.2021CouncilAgenda AMMON CITY COUNCIL MEETING THURSDAY, MARCH 4, 2021 7:00 P.M. 2135 SOUTH AMMON ROAD LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING MASKS ARE REQUIRED, TEMPERATURES MAY BE TAKEN AT THE DOOR THE MEETING WILL ALSO BE AVAILABLE VIA ZOOM: https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 Meeting ID: 208 612 4000 Passcode: 26666 AGENDA A. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Tibbitts Prayer Council Member Wheeler B. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 18, 2021 Regular Meeting 3. Findings of Fact Ross Avenue Variance C. DISCUSSION ITEMS: 1. Conditional Rezone Agreement Sandcreek Commons Apartments D. PROCLAMATIONS AND ANNOUNCEMENTS: E. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) F. PUBLIC HEARING: G. ACTION ITEMS: 1. Acquisition of Property Strip of real property owned by Grandview Meadows LLC (Micah Austin, City Administrator) H. DISCUSSION ITEMS: 1. Fiber Extension Processes I. EXECUTIVE SESSION: J. ADJOURN INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO Next Resolution Number: 2021-006R Ammon City Council 03/02/2021Page 1 of 24 LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Ordinance Number: 659 AMMON CITY COUNCIL MEETING THURSDAY, FEBRUARY 18, 2021 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA A. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Wheeler Prayer Council Member Thompson B. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 4, 2021 Regular Meeting ii. February 11, 2021 Work Session C. PROCLAMATIONS AND ANNOUNCEMENTS: D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) E. PUBLIC HEARING: 1. 2021-006 Revised City Fee Resolution F. ACTION ITEMS: 1. Resolution 2021-002R 2021 City Fee Changes (Micah Austin, City Administrator) 2. Resolution 2021-003R Authorizing Purchase of Interim Warrant LID #5 (Bruce Patterson, Technology Director) 3. Comprehensive Plan Land Use Map Amendment Sandcreek Commons (Cindy Donovan, City Planner) 4. Rezone Sandcreek Commons from HC-1 to R3-A (Cindy Donovan, City Planner) 5. Variance Request Ross Avenue (Cindy Donovan, City Planner) 6. Preliminary Plat Ammonside Division 7 (Cindy Donovan, City Planner) G. DISCUSSION ITEMS: 1. National Science Foundation Grant Opportunity H. EXECUTIVE SESSION: I. ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Rex Thompson Councilmember Josh Wheeler Councilmember Craig Tibbitts Councilmember Byron Wiscombe Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Planner Cindy Donovan Ammon City Council Regular Session 02.18.2021 Page 1 of 9 Ammon City Council 03/02/2021Page 2 of 24 City Engineer Tracy Bono (via Zoom) Technology Director Bruce Patterson (via Zoom) City Clerk Kristina Buchan A. CALL TO ORDER: Mayor Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. Council Member Wheeler led the Pledge of Allegiance and Council Member Thompson offered a prayer. B. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 4, 2021 Regular Meeting ii. February 11, 2021 Work Session It was moved by Council Member Tibbitts and seconded by Council Member Wessel to approve the Consent Agenda. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ C. PROCLAMATIONS AND ANNOUNCEMENTS: Mayor Coletti presented Greg McBride with the Extra Mile award for his dedicated work to water heater repairs throughout the City. Mayor, Staff, and Council thanked him for his work and positivity. D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) Joseph Bailey, 3125 Rawson, asked for guidance on how to encourage his neighbors to opt-in to LID #5 and provide information to residents in the area for repairs and design in the area. Bailey asked for clarification on design of the area in question and the impact it may have on residents and properties. Staff discussed plans briefly. Mr. Bailey also asked for clarification on lots included in the LID 5 plan, Patterson agreed to send Mr. Bailey a map of the area for his consideration. E. PUBLIC HEARING: 1. 2021-006 Revised City Fee Resolution Mayor Coletti began by explaining the hearing process for those in person and on Zoom There were no members of the public present to testify. Mayor Coletti closed hearing 2021-006. F. ACTION ITEMS: 1. Resolution 2021-002R 2021 City Fee Changes (Micah Austin, City Administrator) Administrator Austin gave a brief review of the fee changes being proposed. Recommendation - Adoption of Resolution 2021-002R. Summary of Analysis 1. The proposed city fee resolution contains four new fees and three increases to existing fees. These fees are summarized in the table on page 2 of this staff report. 2. The proposed fee resolution has been (or will be) discussed by the City Council at the following meetings: Ammon City Council Regular Session 02.18.2021 Page 2 of 9 Ammon City Council 03/02/2021Page 3 of 24 a. January 15, 2021 b. January 22, 2021 c. February 4, 2021 d. February 16, 2021 3. A public hearing on the resolution will be held on February 19, 2021. 4. In compliance with state statute, the public hearing on Resolution 2021-002R, City Fee Resolution, has been noticed on the following dates in the Post Register: a. February 3, 2021 b. February 10, 2021 5. On August 2, 2018, The City of Ammon adopted Resolution 2018-007R, establishing the first citywide fee resolution. Prior to this date, departments maintained their fees in separate resolutions. 6. The City of Ammon has adopted subsequent Fee Resolutions that have replaced the original city fee resolution. 7. This new resolution replaces the previous fee resolution. 8. If there are no concerns at the public hearing, staff recommends establishing an effective date to be the same day a 9. The following table shows all new fees and any fees increased by 5% or more: Financial Impact - Staff anticipates that the proposed fees will correctly cover the costs of delivering the specific service to the public. It was moved by Council Member Tibbitts and seconded by Council Member Wheelers to approve Resolution 2021-002R, the City Fee Resolution. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ 2. Resolution 2021-003R Authorizing Purchase of Interim Warrant LID #5 (Bruce Patterson, Technology Director) Patterson explained this was the final step in beginning the LID and would begin the process of initiating LID #5. Recommendation - Staff recommends adoption of Resolution No. 2021-003R. Ammon City Council Regular Session 02.18.2021 Page 3 of 9 Ammon City Council 03/02/2021Page 4 of 24 Summary of Analysis 1. This resolution authorizes the purchase of the Interim Warrant (construction loan) for LID #5. Financial Impact - LID #5 is expected to take up to 24 months in construction. It is projected to cost between 2 and 3 million. It was moved by Council Member Wiscombe and seconded by Council Member Thompson to approve Resolution 2021-003R Authorizing the Purchase of the Interim Warrant for LID#5. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ Council Member Wessel recused himself from discussion and votes on items 3 and 4 as he attended previous Planning and Zoning Commission meetings regarding the subject. 3. Comprehensive Plan Land Use Map Amendment Sandcreek Commons (Cindy Donovan, City Planner) Administrator Austin introduced the next two items explaining the steps involved and to be considered when voting. Planner Donovan reviewed the application and invited applicant Clint Boyle, 2194 Snakeriver Parkway Ste 205, to present to Council and answer any questions Council may have. Boyle spoke to availability of housing, especially multi-family locations, in housing and eastern Idaho. Boyle further addressed the location of the proposed development and plans to meld it into the existing developments in the area. Peggy Breski, also of Horrocks Engineers, further discussed the Comprehensive Plan in regards to the proposal. Breski presented a detailed proposal and plan to Council related to property layout and intended development layouts. Laith Sheets, 2194 Snakeriver Parkway Ste 205, discussed infrastructure related to the development to include roads, traffic signals, water, sewer, and other utility impacts. Joe Rainey, 259 E 500 S Bountiful, UT, Developer, discussed his intentions for the development including land layout and property and management plans. Council also allowed Council Member Scott Wessel to speak on the concerns of the residents in the area. of densities in properties. Council further discussed tax and economic impacts of the proposal. Compliance: - This application is not in compliance with the 80% - 20% split between single family dwellings and multi-family dwellings within the City noted in the Comprehensive Plan Summary of Analysis - Comprehensive Plan currently shows this area as Heavy Commercial - Property has Heavy Commercial to the north and west, Heavy Commercial and High Density residential to the south, Low Density residential to the east and south - Property is located south of Judy Street, east of 25 th East (Hitt Road), west of Taylorview Lane, north of 49 th South (Township Road) - Amend Comprehensive Plan Land Use Map to show approximately 15 acres as High Density Residential - Ammon City Council Regular Session 02.18.2021 Page 4 of 9 Ammon City Council 03/02/2021Page 5 of 24 Update from Planning and Zoning Commission Public Hearing - In answer to concerns at the Planning and Zoning Commission the developer is proposing to include an updated traffic study, provide landscaping and a solid wall of at least 8-feet in height, will situate foundations no less than 90 feet from the eastern lot line, developer will restrict the number of dwelling units to 16 per acre, will install additional access at the southwest side with access to Hitt Road, will provide a pad for relocation of the lift station, will include a statement that the property will not convert to low-income or subsidized housing of any kind in the future. Planning and Zoning Commission - Public Hearing #2020-036 was held before Planning and Zoning Commission on November 18, 2020 - Commission recommends denial - Reasoned Statement: o Not in compliance with Comprehensive Plan pages 21-22 o Need to see a graduation from higher density to lower density o Not in compliance with the 80%/20% policy Planning and Zoning Commission Public Hearing Notice - Published in the Post Register on Tuesday, October 27, 2020 - Mailed letters to 18 public entities on Tuesday, October 27, 2020 - Sign posted with public hearing #2020-038 on Thursday, November 5, 2020 - Public comment: 14 letters in opposition received, included in the packet Compliance with Zoning Ordinance - Title 10 Chapter 4 this chapter allows for individuals or the Commission to petition for amendments to the Comprehensive Plan Land Use Map It was moved by Council Member Thompson to hold a public hearing before Council. źƷŷƚǒƷ ğ ƭĻĭƚƓķͲ ƷŷĻ ƒƚƷźƚƓ ķźĻƭ͵ It was moved by Council Member Thompson to deny the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan. źƷŷƚǒƷ ğ ƭĻĭƚƓķͲ ƷŷĻ ƒƚƷźƚƓ ķźĻƭ͵ It was moved by Council Member Wiscombe and seconded by Council Member Wheeler to approve the Comprehensive Land Use Map amendment, finding it is in compliance with the Comprehensive Plan. źƭĭƚƒĬĻ ǝƚƷĻƭ ĻƭͲ ŷĻĻƌĻƩ ǝƚƷĻƭ ĻƭͲ ŷƚƒƦƭƚƓ ǝƚƷĻƭ bƚ ƦƩƚƦĻƩƷǤ ĭğƓƓƚƷ ƦğǤ ŅƚƩ źƷƭĻƌŅ ğƓķ Ǟźƌƌ ĬĻ ğ ĬǒƩķĻƓ Ʒƚ ƷŷĻ /źƷǤͲ {ƌğĭƉ ǝƚƷĻƭ Ļƭ ƷŷĻ ƦƩƚƦĻƩƷǤ ķźƭğŭƩĻĻƒĻƓƷƭ ğƩĻ ğ ǩƚƓźƓŭ źƭƭǒĻͲ ƓƚƷ ğ ķĻǝĻƌƚƦƒĻƓƷ źƭƭǒĻͲ źĬĬźƷƷƭ ǝƚƷĻƭ Ļƭ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ źƭ źƓ ğ ŭƩĻğƷ ƌƚĭğƷźƚƓͲ ğƭƉ ƷŷğƷ ǞĻ ĭƚƓƭźķĻƩ ƩĻƭźķĻƓƷƭ ķǒƩźƓŭ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ƦƩƚĭĻƭƭ͵ aƚƷźƚƓ ƦğƭƭĻƭ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ 4. Rezone Sandcreek Commons from HC-1 to R3-A (Cindy Donovan, City Planner) It was moved by Council Member Slack and seconded by Council Member Wiscombe to approve the rezone with the zoning of R3-A finding it is in compliance with the Comprehensive Plan and meets the City ordinance and subject to an approved Development Agreement. źƭĭƚƒĬĻ ǝƚƷĻƭ ĻƭͲ {ƌğĭƉ ǝƚƷĻƭ ĻƭͲ ŷƚƒƦƭƚƓ ǝƚƷĻƭ bƚͲ źĬĬźƷƷƭ ǝƚƷĻƭ ĻƭͲ ŷĻĻƌĻƩ ǝƚƷĻƭ Ļƭ͵ aƚƷźƚƓ ƦğƭƭĻƭ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ 5. Variance Request Ross Avenue (Cindy Donovan, City Planner) Donovan reviewed the request for variance of property lines and setbacks. Donovan reviewed the history of the property and previous adjustments to lots. Ammon City Council Regular Session 02.18.2021 Page 5 of 9 Ammon City Council 03/02/2021Page 6 of 24 Mike Hicks, 284 Palamino Dr. Idaho Falls, discussed the location of the property and reasoning for the request. Mr. Hicks presented photos to Council of homes in the area and their side yard areas. Compliance - 10-9-8 B allows an applicant to request a variance based on several conditions. See below for this ordinance. Summary of Analysis 1. This property was zoned R-1 prior to 2013, the required frontage was 80 feet, at that time. 2. This property was split into (2) 50-foot-wide lots in July 2017 with a confirmation request by Aundrea Hansen. This required a public hearing before the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval. City Council approved this on July 20, 2017. 3. 10-37-2A Current R-1 zone requires a 50-foot frontage. 4. 10-5-23 Required Parking and Loading Areas (D) 1 (b) requires a minimum of two (2) spaces per dwelling unit for parking of automobiles shall be enclosed in a garage attached to the dwelling unit in zones requiring ten thousand (10,000) square feet or more. This requirement would apply to lots in the RP, RP-A, and RE zones. 5. While these lots would not qualify for a PUD designation, 10-27-4D does require a minimum 6-foot side yard. Parcel Characteristics - Lots are located adjacent to each other on South Ross Avenue - Lots are 50 feet wide and 174.74 feet deep - General location of property: south of Sunnyside Road, east of Ammon Road, west of South 45 th East (Crowley Road), north of Aspen Lane - Request to have a 5-foot wide side yard - Application presented by Mike Hicks and Mike Gneiting Planning and Zoning Commission - Public Hearing #2021-005 was held before the Planning and Zoning Commission on February 3, 2021 - Public Comment: 2 residents testified in opposition to the proposal - Commission recommends denial - 2021-005 Reasoned Statement o Variance does not meet all of the criteria listed under 10-9-8 y other does not apply to this case. We do not want to set a precedence of 5-foot side yards in the City. Planning and Zoning Commission Public Hearing Notice - Letters were mailed to 19 property owners and 18 public entities on Friday, January 15, 2021 - Notice was published in the Post Register on Friday, January 15, 2021 - Property was posted on Wednesday, January 20, 2021 - Public Comment: No written testimony received, one neighbor came in to ask questions Ammon City Council Regular Session 02.18.2021 Page 6 of 9 Ammon City Council 03/02/2021Page 7 of 24 Zoning Ordinance - 10-9-8: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of Adjustment shall have the following powers and duties: A. Alleged Error. The Board of Adjustment shall hear and decide appeals wherein it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Administrator, or other administrative officers, in the enforcement of this ordinance and shall decide questions involving interpretation and determination of zone boundary lines, subject to review and approval by the City Council. B. Variance. The Board of Adjustment may grant variances from the strict letter of this ordinance where a property owner can show that: 1. Because of exceptional narrowness, shallowness or shape of a specific lot or parcel of land, or 2. By reason of peculiar topographical features or other special circumstances peculiar to the particular lot or parcel of land, the strict application of the terms of this ordinance would deprive him of privileges commonly enjoyed by other properties in the same zone. Before a variance can be granted, the Board of Adjustment must find upon the evidence before it that: 1. Special circumstances do actually attach to the particular property which do not apply generally to the other properties in the same zone. 2. Because of some special circumstances the appellant's property is deprived of privileges possessed by other properties in the same zone. 3. The granting of such variance will not adversely affect the comprehensive plan of zoning in the City. 4. Adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the zoning plan. 5. The hardship has not been caused by an action of the property owner taken after the effective date of this ordinance. It was moved by Council Member Tibbitts and seconded by Council Member Wiscombe to approve. źĬĬźƷƷƭ ǝƚƷĻƭ ǤĻƭͲ źƭĭƚƒĬĻ ǝƚƷĻƭ ǤĻƭͲ {ƌğĭƉ ǝƚƷĻƭ ǤĻƭͲ ĻƭƭĻƌ ǝƚƷĻƭ ƓƚͲ ŷƚƒƦƭƚƓ ǝƚƷĻƭ ƓƚͲ ŷĻĻƌĻƩ ǝƚƷĻƭ Ɠƚ͵ {ĻĻźƓŭ ğ ƷźĻ ǝƚƷĻͲ ağǤƚƩ /ƚƌĻƷƷź ǝƚƷĻƭ ǤĻƭ͵ aƚƷźƚƓ ƦğƭƭĻƭ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ 6. Preliminary Plat Ammonside Division 7 (Cindy Donovan, City Planner) Donovan gave a background on the location to Council and asked Laith Sheets, Horrocks Engineers, to review the plan. Council and Staff discussed existing infrastructure and plans for improvement with Engineer Tracy Bono. Compliance - This application is in compliance with City Ordinance 10-29-7 Requirements for a Preliminary Plat Summary of Analysis 1. Property is a continuation of the Sandcreek Commons commercial area Ammon City Council Regular Session 02.18.2021 Page 7 of 9 Ammon City Council 03/02/2021Page 8 of 24 2. Parcel will be built out as commercial buildings 3. Will provide connectivity as property to the East is developed Parcel Characteristics - Located south of Judy Street, east of South 25 th East, north of East 49 th South, west of Taylorview Lane - Parcel will be divided into 11 lots - Parcel contains 11.791 acres - Current zoning is HC-1 - Request approval of Ammonside Division 7 Preliminary Plat for commercial development - Presented by Horrocks Engineers Planning and Zoning Commission - Preliminary Plat was reviewed on February 3, 2021 - Commission recommends approval Notice - Not required Financial Impact - Developed commercial property will add to the tax base - Development will help with expansion of 25th East It was moved by Council Member Wiscombe and seconded by Council Member Tibbits to approve. źƭĭƚƒĬĻ ǝƚƷĻƭ ǤĻƭͲ źĬĬźƷƷƭ ǝƚƷĻƭ ǤĻƭͲ {ƌğĭƉ ǝƚƷĻƭ ƓƚͲ ĻƭƭĻƌ ǝƚƷĻƭ ǤĻƭͲ ŷƚƒƦƭƚƓ ǝƚƷĻƭ ǤĻƭͲ ŷĻĻƌĻƩ ǝƚƷĻƭ ǤĻƭ͵ aƚƷźƚƓ ƦğƭƭĻƭ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ͵ G. DISCUSSION ITEMS: 1. National Science Foundation Grant Opportunity Patterson reviewed the Smart Connected Communities grant that has come available to the City. The while providing information for ongoing research programs. 2. EIRWWA District Discussion Mayor Coletti provided Council with a few packets from the latest EIRWWA meeting to discuss the option to transition to a district option for the plant. Council will continue discussion regarding the use of the EIRWWA Plant and its transition to a district. H. EXECUTIVE SESSION: There was no Executive Session I. ADJOURN The meeting adjourned at 11:13pm Ammon City Council Regular Session 02.18.2021 Page 8 of 9 Ammon City Council 03/02/2021Page 9 of 24 __________________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Session 02.18.2021 Page 9 of 9 Ammon City Council 03/02/2021Page 10 of 24 ) IN RE: ) AMMON CITY COUNCIL ) ANDERSON HICKS GROUP ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION ROSS AVENUE VARIANCE ) ) MARCH 4, 2021 ) APPLICANT: ANDERSON HICKS GROUP OWNER: MIKE HICKS PROJECT: ROSS AVENUE VARIANCE APPLICANT REQUEST: Request for a variance for five (5) foot side yards LOCATION: 3775 and 3825 South Ross Avenue EXISTING ZONING: R-1 SURROUND ZONING: R-1 SURROUNDING USE: Single family detached dwellings PARCEL SIZE: SECTION 1: BACKGROUND FACTS Summary of Application - Request for a variance to allow for five (5) foot side yards instead of eight (8) foot side yards required in the R-1 Zone Noticing - Planning and Zoning Commission - On January 15, 2021 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On January 15, 2021 notice of the Planning and Zoning Commission public hearing was mailed to 18 public entities and adjoining property owners within 300 feet. - City Council - No public hearing was held before the City Council Planning and Zoning Commission Findings - Public hearing was held on February 3, 2021 - Findings: - Variance does not meet all of the criteria listed under 10-9-8 - - This does not apply to this case. We do not want to set a precedence of 5-foot side yards. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03/02/2021Page 11 of 24 SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Due to the current housing crisis, the need for affordable housing prevailed over the requirement of an eight (8) foot side yard The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Anderson Hicks Group for the project known as the Ross Avenue Variance to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Anderson Hicks Group for the project known as the Ross Avenue Variance will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive General Compliance Plan: - #§ ¯³¤± ΐΏ , £ 5²¤ ³® ¤¢®´± ¦¤ ¨¥¨«« £¤µ¤«®¯¬¤³ ³® ¤²´±¤ £¤µ¤«®¯¬¤³ ¨² ¢®¬¯ ¢³Ǿ ¤¢®®¬¨¢ £ ¤¥¥¨¢¨¤³ȁ SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under \[insert applicable Titles of city code\] and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Ross Avenue Variance subject to the following conditions: 1. None requested SECTION 5: NOTICE TO APPLICANT OF RIGHTS The City of Ammon hereby provides the following notice to all applicants: All applicants have a right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. Any applicant denied an application or aggrieved by a final decision concerning matters identified in 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03/02/2021Page 12 of 24 section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after the date of this written decision and after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by chapter 52, title 67, Idaho Code. THEREFORE, the Ammon City Council approves the Ross Avenue Variance subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 4th day of March, 2021. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 03/02/2021Page 13 of 24 Ammon City Council Meeting March 4, 2021 Mayor Coletti and Ammon City Council Members UPDATE REPORT Sandcreek Commons Area rezone from HC-1 to R3-A Staff Presenting: Micah Austin City Administrator Cindy Donovan City Planner Update from City Council meeting on February 18, 2021 - This application was conditionally approved based on the creation of a Conditional Rezone Agreement - The Conditional Rezone Agreement is in addition to the standard Development Agreement and has very specific requirements for this development Summary of Analysis 1. Property has HC-1 (Highway Commercial) to the north and west, HC-1 and R3-A (high density residential) to the south, RP-A (low density residential) to the east and south 2. Provides buffer between commercial to the west and low density housing to the east Parcel Characteristics th - Property is located south of Judy Street, east of 25 East (Hitt Road), west of Taylorview Lane, th north of 49 South (Township Road) - Parcels being combined total approximately 15 acres - Zoning would allow for up to 300 dwelling units - Reques - Rezone approximately 15 acres from HC-1 to R3-A to allow for multi-family housing Update from Planning and Zoning Commission Public Hearing - In answer to concerns at the Planning and Zoning Commission the developer is proposing to include an updated traffic study, provide landscaping and a solid wall of at least 8-feet in height, will situate foundations no less than 90 feet from the eastern lot line, developer will restrict the number of dwelling units to 16 per acre, will install additional access at the southwest side with access to Hitt Road, will provide a pad for relocation of the lift station, will include a statement that the property will not convert to low-income or subsidized housing of any kind in the future. Attachments: 1. Conditional Rezone Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 Ammon City Council 03/02/2021Page 14 of 24 Ammon City Council 03/02/2021Page 15 of 24 Ammon City Council 03/02/2021Page 16 of 24 Ammon City Council 03/02/2021Page 17 of 24 Ammon City Council 03/02/2021Page 18 of 24 Ammon City Council 03/02/2021Page 19 of 24 Ammon City Council 03/02/2021Page 20 of 24 Ammon City Council 03/02/2021Page 21 of 24 Ammon City Council 03/02/2021Page 22 of 24 Ammon City Council 03/02/2021Page 23 of 24 Ammon City Council 03/02/2021Page 24 of 24