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03.02.2023 Council Packet Ammon City Council 03.02.2023Page 1 of 97 AMMON CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 2023 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA A. CALL TO ORDER: Mayor Sean Coletti at 4:30 p.m. B. DISCUSSION ITEMS: 1. Accounts Payable Electronic Transition 2. Multiple Property Accesses BMPO and City Code 3. City Hall Remodel C. ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti City Administrator Micah Austin Council President Russell Slack City Engineer Tracy Bono Councilmember Scott Wessel City Planner Cindy Donovan Councilmember Rex Thompson City Clerk Kristina Buchan Councilmember Craig Tibbitts Finance Director Jennifer Belfield Councilmember George Vander Meer Accounts Manager Rebby Osai Councilmember Heidi Boyle City Attorney Scott Hall A. CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 4:30 p.m. The Work Session was held at Resin Architecture, 305 1st St, Idaho Falls, ID to facilitate the viewing of the City Hall Remodel plans. B. DISCUSSION ITEMS: 1. Accounts Payable Electronic Transition Finance Director Jennifer Belfield and Accounts Manager Rebby Osai joined Council to report on the plan to transition the Exhibit A financial reports to an electronic format that would allow Council and Staff to approve items through email prior to Council meetings. Council discussed how the system would work and the emailing system. There was some concern about the number of emails that would be sent to Council throughout the week and what the time constraints would be for signing and approving. Staff has a meeting scheduled with other Cities that use the same system and would report with further details and a test period prior to implementation. Ammon City Council Regular Meeting 02.09.2023 Page 1 of 2 Ammon City Council 03.02.2023Page 2 of 97 2. Multiple Property Accesses BMPO and City Code City Planner City Donovan reviewed the history of multiple access appeals in previous years. City Engineer Bono reviewed the background behind the BMPO standards and his professional opinion on the limitations of having multiple accesses to a single property. Council and Staff discussed potential solutions and invited the Blatters to comment on how the proposals would impact their specific situation. Counsel Hall noted that allowing appeals puts the City in a difficult spot and opens up the opportunity for litigation based on varying decisions. Council noted that the two lots had been combined and perhaps an exception was warranted given the length of the lots themselves. After discussion, Staff was directed to work toward an amendment to the existing ordinance that would acknowledge the unique situation presented by combined lots. Given the time it would take to establish a change to ordinance, discussion regarding approving the appeal of the administrative denial was considered. Staff will present a proposal at future meetings that would consider the multiple lots and the need for upholding safety standards. After item 2, the Zoom meeting was ended and Council Members and present Staff began the virtual tour of the remodel project. Members of the Resin Architecture team joined Council for item 3. 3. City Hall Remodel Virtual Reality Tour Johnathan Gallup of Resin Architecture presented Council and present Staff with a 3D tour of the proposed remodel and additions to the existing City Hall building. Discussion took place about office use and locations and workability between staff members and various departments. C. ADJOURN The meeting adjourned at 6:45pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 02.09.2023 Page 2 of 2 Ammon City Council 03.02.2023Page 3 of 97 AMMON CITY COUNCIL MEETING THURSDAY, FEBRUARY 16, 2023 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Boyle Prayer Council Member Wessel CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 02, 2023 Regular Meeting ii. February 09, 2023 Work Session PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARING: 1. 2023-008 Opening of FY 2022 Budget EIRSD Transfer ACTION ITEMS: 1. Ordinance 698 Budget Appropriation Amendment EIRSD Transfer (Jennifer Belfield, City Finance Director) 2. Acceptance of Audit Fiscal Year 2022 Audit (Jennifer Belfield, City Finance Director) 3. Traffic Commission Citation Appeal (Micah Austin, City Administrator) 4. Request for Ordinance Amendment Riviera Park Development (Micah Austin, City Administrator) 5. Administrative Appeal Brogan Creek Driveway (Cindy Donovan, City Planner) DISCUSSION ITEMS: 1. Ammon 2022 Statistics 2. Miscellaneous ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti City Administrator Micah Austin Council President Russell Slack City Engineer Tracy Bono Councilmember Scott Wessel City Planner Cindy Donovan Councilmember Rex Thompson City Clerk Kristina Buchan Councilmember Craig Tibbitts Finance Director Jennifer Belfield Councilmember George Vander Meer Councilmember Heidi Boyle City Attorney Scott Hall CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 7:00 p.m. Council Member Boyle led the Pledge of Allegiance and Council Member Wessel gave a prayer. Ammon City Council Regular Meeting 02.16.2023 Page 1 of 7 Ammon City Council 03.02.2023Page 4 of 97 CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 02, 2023 Regular Meeting ii. February 09, 2023 Work Session It was moved by Council Member Tibbitts and seconded by Council Member Vander Meer to approve the Consent Agenda. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) Jerry Mitchell, 3751 Marlene, asked for clarification on the quasi-judicial status of the Council on matters of land use. Counsel Hall explained the legal background of the requirements noting the importance of an unbiased decision. Mr. Mitchell then asked why constituents were limited to a three- minute comment period, Counsel Hall explained that the limitation was put in place to avoid repetitious comments and that requests for extension were generally not denied. Tyson Cracken, 4008 Bighorn Street, reported to Council that he had recently taken an Ammon City Street Sign off the ground and wanted to apologize for his actions and express his appreciation for the actions of the City and that the sign had been returned and he would be returning to assist in the replacement of the new signs. PUBLIC HEARING: 1. 2023-008 Opening of FY 2022 Budget EIRSD Transfer Mayor Coletti opened the public hearing and asked for any comment on the opening of the budget. There were no members of the public present to comment, Mayor Coletti closed the hearing. ACTION ITEMS: 1. Ordinance 698 Budget Appropriation Amendment EIRSD Transfer (Jennifer Belfield, City Finance Director) Finance Director, Jennifer Belfield, explained the background of the transfer noting that capital savings would be transferred to EIRSD for Phase 1 of Plant Capacity Increases. Belfield noted this was the only item that would require a budget transfer. Mayor Coletti added that collected fees go toward plant expansion and with the creation of EIRSD, it was time to transfer those funds to the district. Council noted that while the funds were taken out of reserves, they were proprietary funds and were specifically earmarked for this purpose. Recommendation - Recommend approving/accepting Ordinance 698 FY 2022 Budget Appropriation Amendment. Ammon City Council Regular Meeting 02.16.2023 Page 2 of 7 Ammon City Council 03.02.2023Page 5 of 97 Summary of Analysis - In June 2022 the City of Ammon transferred our capital savings of $1,924,115.45 to the Eastern Idaho Regional Wastewater Authority (EIRWWA became EIRSD in August 2022). - We had not budgeted for this transfer to help with phase one of the plant expansion. It was important to do the transfer at this time to help EIRWWA prepare and plan for phase one, and before the official EIRSD transition. - The Notice of Public Hearing published in the Post Register on February 8 and 15, 2023. Financial Impact It was moved by Council Member Tibbitts and seconded by Council Member Thompson to dispense with the rule requiring three separate reading and that the three readings be waived. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ It was moved by Council Member Tibbitts and seconded by Council Member Thompson to adopt Ordinance 698. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 2. Acceptance of Audit Fiscal Year 2022 Audit (Jennifer Belfield, City Finance Director) Finance Director, Belfield, presented Council with the finalized audit report and invited Theresa Flannery of WipFli to answer any questions. Belfield and Flannery reviewed the audit highlights with Council noting it was a clean audit with no issues. Recommendation: - Staff recommends approving/accepting the FY 2022 audit report as presented by Theresa Flannery from Wipfli. Summary of Analysis: - We have completed the audit for FY 2022. - Overall the audit went very well. - There were no findings/write ups. Financial Impact: - During FY 2022 we received over $750,000 worth of federal funding (ARPA funds), so we needed a single audit done. The amount for a single audit was $4,500. Ammon City Council Regular Meeting 02.16.2023 Page 3 of 7 Ammon City Council 03.02.2023Page 6 of 97 - There will be a final invoice to close out the audit. (This is a regularly budgeted for line item, GL # 10-410-640.) It was moved by Council Member Vander Meer and seconded by Council Member Slack to accept. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 3. Traffic Commission Citation Appeal (Micah Austin, City Administrator) no further action was necessary. 4. Request for Ordinance Amendment Riviera Park Development (Micah Austin, City Administrator) City Administrator Austin reviewed the request being submitted for an amendment to the existing Interim Ordinance placing a moratorium on residential developments over 10 Acres. Austin reviewed the items the developers from Scratch Development believed the moratorium should not apply to their particular development including location, impact areas, and utility connects especially their lack of use of the EIRSD system. Jonny Arbuckle, of Scratch Development out of Layton, Utah, expanded on the comments from City Administrator Austin. Arbuckle noted hat the land had been purchased over a year ago and while they were preparing for an application to annex and develop, the moratorium was put into place. Arbuckle furthered that they moved forward with their request to amend as the nd public hearing and amendment already scheduled for March 2 was not set in stone and they hoped not to delay their development further. Council discussed concerns with the exception with Counsel Hall noting the two main reasons behind the moratorium were concerns with the Future Land Use Map and connections to EIRSD. Recommendation Discuss the ordinance request as presented by Scratch Development and represented by Jonny Arbuckle. Staff recommends approving the request, with concerns as noted below. Summary of Analysis Scratch Development owns property in Bonneville County adjacent to Hitt Rd. and Lincoln Rd. This property is not located within Ammon city limits and would need to be annexed into the City of Ammon for incorporation. Scratch Development is aware of the current moratorium on residential annexations over 10 acres, however they feel the terms of Ordinance 692 do not apply to their project and are requesting a modification to the ordinance. Scratch Development believes that Ordinance 692 should not apply to their project because their project will not be connected to the EIRSD sewer treatment system and their project is located adjacent to the principal arterials of Hitt Rd. and Lincoln in an area of rapidly growing commercial and residential activity. The City Council directed staff to modify Ordinance 692 at a previous meeting to extend the moratorium and provide more detailed parameters on the terms of the moratorium. This modification has been noticed, according to law, and will be presented to the City Council in Ammon City Council Regular Meeting 02.16.2023 Page 4 of 7 Ammon City Council 03.02.2023Page 7 of 97 the form of an ordinance, Ordinance 697, at the March 2, 2023 regular city council meeting. Among other changes, Ordinance 697 contains the following language: acreage that are located south of Lincoln Road and north of 65th South Road. This moratorium shall also apply to all lands requiring sewer service from Eastern Idaho Regional Staff has no concerns with the request presented by Scratch Development, however it appears the request will be satisfied by the modification scheduled for next week. If the City Council approves the request, the amendment could be noticed for March 16, 2023. Financial Impact Other than the associated staff time and labor, there is no financial impact from this request. If the Council approves the request, Scratch Development will pay for all costs associated with noticing the amendment. There was no official motion made on item #4. /ƚǒƓĭźƌ ķźƩĻĭƷĻķ {ƷğŅŅ Ʒƚ ƒƚǝĻ ŅƚƩǞğƩķ ǞźƷŷ ƷŷĻ ƓƚƷźĭĻķ Ɠķ ŷĻğƩźƓŭ ŅƚƩ ağƩĭŷ Ћ ğƓķ Ʒƚ ĬĻŭźƓ ƷŷĻ ƓƚƷźĭźƓŭ ƦƩƚĭĻƭƭ ŅƚƩ ƷŷĻ ƩĻƨǒĻƭƷĻķ ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ ƒƚƩğƷƚƩźǒƒ ğƭ ĬƩƚǒŭŷƷ ŅƚƩǞğƩķ ĬǤ {ĭƩğƷĭŷ 5ĻǝĻƌƚƦƒĻƓƷ͵ 5. Administrative Appeal Brogan Creek Driveway (Cindy Donovan, City Planner) City Planner, Cindy Donovan, briefly reviewed the background of the appeal noting that the property. Staff and Council discussed the implications of the decision on ordinance amendments and future developments. Compliance - The request is not in compliance with Policy #50-001 BMPO Access Management Plan Adoption of Policies and Procedures. - The request is not in compliance with Title 10, Chapter 29, Section 13 (B) 4a Recommendation Staff recommends denial as it is in conflict with City of Ammon Policy #50-001, the BMPO Access Management Plan and Title 10, Chapter 29, Section 13 (B) 4a. Summary of Analysis 1. Applicant has pulled the request for three (3) vehicular accesses and applied with a request for two (2) vehicular accesses. limited to one driveway for each tract of property separately owned. Properties contiguous to each other and o Management Plan, page 26, section 4.7, item 3 3. 10-29- maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50- 4. Property is located in the Brogan Creek Subdivision Ammon City Council Regular Meeting 02.16.2023 Page 5 of 7 Ammon City Council 03.02.2023Page 8 of 97 5. Brogan Creek Division 1, Lots #4 and #5 were combined to become Lot #12 (see Brogan Creek Division 1 Amended Plat attached) 6. The Brogan Creek Subdivision was engineered with swales to allow for one thirty (30) foot access per lot, these lots each contained a ten (10) foot water channel along the property lines to facilitate water run-off into the swales. When the lots were combined, these channels were adjusted to twenty (20) feet to allow for adequate water run-off. 7. Site Plan was submitted showing two (2) access points to Klamath Falls Street 8. Planning staff has denied the two (2) access points. Parcel Characteristics - Property is located at 5680 Klamath Falls Street - Located in Brogan Creek Division 1 - Property is zoned RP-A - To allow construction of two (2) vehicular accesses on Klamath Falls Street - Presented by Richard and Angalee Blatter, homeowners It was moved by Council Member Tibbitts and seconded by Council Member Slack to approve the appeal for two lot accesses because of the combination of two lots and direct staff to present an updated policy at a future meeting. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ hw5{ DISCUSSION ITEMS: 1. Ammon 2022 Statistics Finance Director Belfield briefly reviewed the statistics for the City of Ammon and pointed out highlights from the report and invited Council to review the report. 2. Paymerang Updated Belfield reviewed questions that had been asked at the previous meeting. Belfield noted that Paymerang had been in business since 2010 and that an archive of the information would be available even if we ended our relationship with them. Council and Staff discussed the pros and cons of the system and moving forward with implementation. 3. Snow Removal City Engineer Tracy Bono reported the City was cleared within 24 hours of plowing time after the most recent storm. 4. Miscellaneous ADJOURN The meeting adjourned at 8:46pm Ammon City Council Regular Meeting 02.16.2023 Page 6 of 7 Ammon City Council 03.02.2023Page 9 of 97 ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 02.16.2023 Page 7 of 7 Ammon City Council 03.02.2023Page 10 of 97 Ammon City Council March 2, 2023 Mayor Coletti and City Councilmembers: Public Hearing #2023-006 Johnston Farms Comprehensive Plan Land Use Map Amendment Staff Presenting: Cindy Donovan Planning Director Recommendation Staff recommends approval based on the information provided in the following staff report. Compliance - This action is in compliance with the Comprehensive Plan and Title 10, Chapter 4 - This action is not in compliance with the Comprehensive Plan Land Use Map. However, they are requesting an amendment to the map. Council Criteria for Decision: Section 11-1-11 1. Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of 4. If the application is in general compliance with the Comprehensive Plan, the Council shall consider the application for a zoning classification and consider any and all factors it deems important to determine whether an application for annexation shall be granted or denied. Summary of Analysis 1. Current Comprehensive Plan Land Use Map shows the property as Light Commercial 2. This property qualifies as an infill project and will eliminate a county island. Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development is compact, economic and efficient 3. This property is serviced by the Iona Bonneville Sewer District (IBSD) and there is a city water th line along 17 Street. Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. 4. High Density Residential allows for R-2, R-2A, R-3, and R-3A zoning. Any zone can be built out to a lesser density than the maximum allowed and can include detached residential units. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 7: A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. Comprehensive Plan Chapter 10, Page 25, Item 14: To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.02.2023Page 11 of 97 of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 4: High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 10: Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 5. Property is located within walking distance of commercial developments located on the corners of Ammon Road (35th E) and 17th Street. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 3: High-density residential uses should be located within walking distance of commercial developments. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 5: Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 6: High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 8: To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 9: High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the city, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments. 6. Project is located off of 17th Street, which is classified by the Bonneville Metropolitan Planning Organization (BMPO) as a minor arterial. Project would be required to improve their frontage on 17th Street to City Standards. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 2: High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. Comprehensive Plan Chapter 10, Page 25, Item 15: Locate commercial and higher density residential uses at or near intersection of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03.02.2023Page 12 of 97 Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 7. High density can act as a buffer between the low density residential to the east and the commercial property to the west. Comprehensive Plan Chapter 10, Page 21, Item 2: In limited and newer locations, high- density residential uses buffer low-density residential uses from commercial uses. 8. Comprehensive Plan Chapter 12. Schools, Page 33, The City and the District should continue to address concerns about overcrowding of schools as new annexation and development occurs. {ĻĻ ƌĻƷƷĻƩ ƦƩƚǝźķĻķ ĬǤ .ƚƓƓĻǝźƌƌĻ WƚźƓƷ {ĭŷƚƚƌ 5źƭƷƩźĭƷ ВЌ źƓĭƌǒķĻķ ǞźƷŷ Ʒŷźƭ ƭƷğŅŅ ƩĻƦƚƩƷ͵ 9. Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. Parcel Characteristics - General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west of Ross Avenue - Acres: 7.188 acres - This property is currently agricultural land in Bonneville County. - To amend the Comprehensive Plan Land Use Map from Light Commercial to High Density Residential - Presented by Hamlet Homes and Horrocks Engineering City Council Notice of Public Hearing - Published in the Post Register on Friday, January 27, 2023 - Mailed letters to 20 public entities on Friday, January 27, 2023 - No sign posting required, was posted with public hearing #2023-007 on Friday, February 10, 2023 Public Comment: Planning and Zoning Commission Public Hearing #2023-001 was held before the Commission on Wednesday, January 4, 2023 Written testimony was received from Bonneville Joint School District 93 and is attached Testimony was presented by 15 persons, 1 in favor, 2 neutral, 12 in opposition Commission recommended to deny with a split vote of 5 to deny and 4 to approve During deliberations the Commission discussed the following points: Loss of possible commercial property to residential Not compatible with properties to the south and east Higher density should be placed near arterials 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 03.02.2023Page 13 of 97 Higher density acts as a buffer between commercial property to the west and low density residential to the south and east. Project is compliant with Figure 3, recommended land use patterns at the intersection of major and minor arterial streets, in the Comprehensive Plan Will eliminate a county island Reasoned Statement: Deny Too dense Removal of commercial Safety issues due to traffic Public testimony overwhelmingly opposed Not harmonious with existing neighborhoods Approve Chapter 10, Page 25 Items 17, 2, 8, 10 Good buffer to commercial zone Infill county island Required amenities Commission Notice of Public Hearing - Published in the Post Register on Friday, December 2, 2022 - Mailed letters to 20 public entities on Friday, December 2, 2022 - No sign posting required, was posted with public hearing #2023-002 on Thursday, December 15, 2022 - Public Comment: One person came to the office to ask about what can be built and where the ingress/egress to 17th Street would be located. Motion Approve I move to approve the Comprehensive Plan Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to deny the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan or City ordinance. Continue I move to continue the Comprehensive Plan Land Use Map amendment until further details can be attained. Attachments: 1. Vicinity Map 2. Comprehensive Plan Land Use Map 3. Comprehensive Plan Chapter 10 4. Bonneville Joint School District 93 Letter 5. Planning and Zoning Commission Reasoned Statement 6. Planning and Zoning Commission Minutes 7. Title 10 Chapter 4 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Ammon City Council 03.02.2023Page 14 of 97 O C K S E JOHN ADAMS PKWY. N G I N 0400'800' SCALE: 1" = 800' R = 1 2 M I L E JOHNSTON FARMS PROJECT LOCATION E. 17TH ST. E. 17TH ST. GEORGIA LN. DRAWING INFO DATE 09/2/22 SCALE 1" = 800' JOHNSTON FARMS DATE REV # 1 *SEE 2nd SHEET FOR LISTING ANNEXATION EXHIBIT: VICINITY MAP Ammon City Council 03.02.2023Page 15 of 97 PROJ. NO: www.horrocks.com 01 PAGE Ammon City Council 03.02.2023Page 16 of 97 2018 City of Ammon Comprehensive Plan Chapter 10. Land Use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: Requests for zoning changes, Requests for annexations and initial zoning, Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Projected Population Growth The Bonneville Metropolitan Planning Organization (BMPO) has projected an estimated growth rate of 1.88% annually from 2014 to 2040 for the metropolitan area in its 2040 Long Range Transportation Plan. The U.S. Census Bureau estimates the 2016 population of Ammon at 15,252 (Table 8). If this population is projected to 2040 using the BMPO estimated growth rate of 1.88%, the 2040 population of Ammon is projected to be 24,297. If the densities of Ammon do not increase beyond their 2016 densities, the amount of land required to hold the 2040 population and businesses ranges from approximately 3,900 acres to 4,700 acres. Today Ammon contains 4,831 acres, of which almost one-half is vacant. Although it appears as if the future growth until 2040 may be accommodated within the present boundaries of the city, not all of this vacant land may be easily or economically developed. Therefore, it is likely future annexations may be required to ensure both public and private investments are made in locations where private investments and public costs, including maintenance, are economically sound. Table 8. Projected Ammon Population, 2040. 2010 Population 2016 Population 2014-2040 Annual Projected 2040 Estimate Growth Rate Population Ammon 13,816 15,252 1.88% 24,297 SOURCE: U. S. Census Bureau and BMPO 2040 Long-Range Transportation Plan. Census count of 7,016 for 2000 population. The area of impact contains over 11,000 acres and has sufficient land for growth beyond 2040. However, as with the presently annexed lands within Ammon, not all lands within the area of impact may be suitable for economic and efficient future municipal development. As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 20 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 17 of 97 2018 City of Ammon Comprehensive Plan T ABLE 9. 2017 ACRES BY LAND USE CATEGORIES AND 2040 ANTICIPATED DEMAND. Land Use and (Zone) Developed Vacant Percentage Additional Acres Additional Acres Acres, Acres, 2017 Vacant, Needed to Meet Needed to Meet 2040 2017 2017 2040 Demand, Demand, 29,598 24,297 Residential 1,958 1,347 41% 1,123 1,782 (R1, R1A, R2, R2A, R3, R3A, RE, RMH, RP, RPA) Commercial 291 355 55% 172 272 (C1, CC1, GC1, HC1) Office (PB) 26 17 65% 5 8 Industrial (IM1) 149 105 44% 140 223 Parks/Schools/ 188 4.5 3% - - Churches SOURCE: Table of acres in zones, City Administrator, City of Ammon, January, 2018. rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the st infrastructure necessary to work and live successfully in the 21 Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: thth 1. Regional and community commercial uses line 25 East and portions of 17 Street, one a major arterial street and the other a minor arterial street. 2. In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). 3. Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4. Secondary school facilities buffer residential uses from regional commercial uses. 5. Elementary schools are generally located in the center of the residential neighborhoods they serve. 21 Adopted by Resolution 2018-005R Ammon City Council 03.02.2023Page 18 of 97 2018 City of Ammon Comprehensive Plan 6. In certain limited locations, parks reflect natural features or limitations to development. 7. Development on the foothills is generally proposed to be lower density; therefore, residential th densities generally decrease further from regional commercial land uses and 25 East. Densities decrease as one travels farther from commercial land uses. 8. Residential densities are predominantly less than four units per acre. FIGURE 3. RECOMMENDED LAND USE PATTERNS AT THE INTERSECTION OF MAJOR AND MINOR ARTERIAL STREETS. 1. In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 2. Recognize natural features, such as topography, floodplains, drainage areas, and wildlife corridors, may be amenities to development and may be used to enhance the community and neighborhood (Figures 4 and 5). 3. Encourage completion and submission of site analysis, including topography, hydrology including water table, soil suitability, drainage patterns, slope and similar natural features, prior to submission of preliminary development designs. 4. Protect life and property from natural hazards through, but not limited to, identification of such areas, open space and park plans and acquisition, reduction of densities in such areas, and enforcement of construction codes. 5. Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 6. Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. 22 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 19 of 97 2018 City of Ammon Comprehensive Plan This sketch illustrates one approach to steep slopes and a floodplain. The private lots encompass a portion of the steep slopes and are partially covered with a no-build easement. The floodplain may be owned and included as a part of a platted lot with a no- build easement within the floodplain portion, in common by the homeowner association or is a natural park owned by the city. Another approach is to extend the lot lines to the stream and encompass the steep slopes and the floodplain within the no-build easement. SOURCE: Based on Figure 25 from Land Development 2 . FIGURE 4. ONE APPROACH TO LAND USE ASSOCIATED WITH STEEP SLOPES AND FLOODPLAINS. 7. Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. 8. If developments are constructed with circular street layouts or cul-de-sacs, pedestrian pathways should be provided to ensure neighborhood connectivity and to ensure convenient pedestrian access to schools, parks, and open space. Such paths might also provide access to small commercial facilities needed for daily goods. 9. Encourage infill development to ensure development is compact, economic and efficient. 10. Establish land use patterns which build on existing water and sewer facilities. 11. Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 12. Continue to require adequate storm water management for new development and explore methods to safely allow multi-use of such facilities. 23 Adopted by Resolution 2018-005R Ammon City Council 03.02.2023Page 20 of 97 2018 City of Ammon Comprehensive Plan F IGURE 5. T WO DIFFERENT APPROACHES TO ADDRESSING STEEP SLOPES AND A FLOODPLAIN. 24 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 21 of 97 2018 City of Ammon Comprehensive Plan 13. Develop site and design review standards to increase depth of yards adjacent to major streets and railroad. Encourage design treatments such as building orientation, height limitations, fencing, and landscaping to reduce land use conflicts, especially adjacent to major streets, the railroad, or heavier commercial and industrial areas. 14. To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. 15. Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 16. Explore the development of a tech/research park to increase employment opportunities in Ammon. 17. Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 18. To retain the rural nature of Ammon, discourage lot splits in established subdivisions and protect existing farm operations from land use conflicts with proposed developments. The policies by land use categories found on the future land use plan are as follows: High Density Residential 1. The maximum density for high density residential is twenty dwelling units per acre. 2. High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. 3. High-density residential uses should be located within walking distance of commercial developments. 4. High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. 5. Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. 6. High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. 7. A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. 25 Adopted by Resolution 2018-005R Ammon City Council 03.02.2023Page 22 of 97 2018 City of Ammon Comprehensive Plan 8. To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 9. High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments 10. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 11. Each living unit in a high-density residential development should be individually platted to encourage homeownership. 26 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 23 of 97 2018 City of Ammon Comprehensive Plan Low Density Residential 1. The maximum density is 6.0 units per acre for detached housing. th 2. East of 45 East the maximum density shall be 4.0 units per acre. 3. Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. Institutional Uses (Schools and Churches) 1. Institutional uses such as elementary schools and churches should be located in residential neighborhoods on collector streets. Secondary schools should be located near minor or major arterial streets. 2. Shared use agreements should be pursued with schools to allow the playgrounds to be used outside of school hours by the surrounding neighborhood as park and open space. 3. A line of communication should be maintained between school and city personnel to regularly discuss population projections and anticipated growth patterns, needs for school facilities, and impacts of school location on municipal utilities and facilities. Discussions should also include potential requirements by the City as placement of schools are considered. Heavy Commercial Table 10. shows the general characteristics associated with heavy commercial developments. Not all numbers in this table fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables below while the population served is often smaller. As a result of a larger market area and longer distance to the shopping centers both the minutes of driving time and the distance in miles will likely be increased for this market. T ABLE 10. C HARACTERISTICS OF REGIONAL AND SUPER-REGIONAL SHOPPING CENTERS Types of Site Area Population Radius of Market Area Number of Shopping Served Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Regional 10 - 60 acres 150,000 20-30 8+ Full-line department 40-80 50-acre average store Super-regional 15-100 acres 300,000 30+ 12+ Three or more 100+ department stores SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Regional and super-regional shopping areas should be located on major and minor arterial streets (Figure 6). 2. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization Access Management Plan, July 2012. 3. The clustering of major commercial developments should be encouraged at intersections. The continuation of commercial development along the frontage of arterial roadways should maintain low access egress for businesses along the frontage at major points or roadway 27 Adopted by Resolution 2018-005R Ammon City Council 03.02.2023Page 24 of 97 2018 City of Ammon Comprehensive Plan intersections. A shared access traffic aisle should be required throughout developments along the entirety of the arterial roadway. Landscaping within all commercial developments should meet the requirements of Ammon Code Title 10, Chapter 5, Section 24. 4. Require perimeter landscaping for new commercial development. Landscaping not only reduces the visual impact of parking lots; it also directs traffic movement through the parking area and defines access to the neighboring street network. The Urban Land Institute states a reasonable amount of landscaping is 10% of the total site and 20% of the parking area. Such landscaping can be used for storm water retention and snow storage. 5. Shopping areas should buffer adjacent residential areas from the lights and noise of commercial areas by landscaping, fencing, and building placement. 6. Professional offices offer an effective buffer between major commercial areas and apartments and homes. If high density residential is located next to major commercial areas, the location of parking areas, garages, landscaping and fences for such residential uses should buffer the dwelling units from the noise and light of the commercial areas. FIGURE 6. RECOMMENDED LOCATIONS FOR SITING COMMERCIAL DEVELOPMENT AT THE INTERSECTIONS OF ARTERIAL STREETS. Light Commercial Community and Neighborhood Shopping Areas and Professional Offices As with the table above under regional shopping areas, not all the numbers fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables above while the population served is often smaller. As a result of a larger market area and longer distances to shopping centers, both the minutes of driving time and the distance in miles will likely be increased for this market. 28 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 25 of 97 2018 City of Ammon Comprehensive Plan However, the table still provides a framework for commercial locations and provides fairly realistic numbers for the site area necessary for stores and shopping centers (Table 11). T ABLE 11. C HARACTERISTICS OF COMMUNITY AND NEIGHBORHOOD SHOPPING CENTERS. Types of Site Area Population Served Radius of Market Area Number of Shopping Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Community 10 - 30 40,000 - 150,00 10-20 3-5 Variety store 15-40 acres 50,000 average Neighborhood 2.5 - 10 2,500-40,000 5-10 1.5 Grocery store 5-20 acres 10,000 average SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 2. If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 3. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 4. Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas. Industrial 1. When reviewing requests by heavy industries that may have major off-site impact costs and infrastructure needs beyond what is available at the time of the request, those cost should be included as part of any approval and passed on to the developer as a required development cost. 2. When zoning for industrial uses, consider the predominant wind patterns from the southwest. 3. Locate industrial lands near major arterials with good access to highways, and/or adjacent to railroad facilities. Regional airport access is available by accessing the east and west arterial roadways and accessing either I-15 or Highway 20. 29 Adopted by Resolution 2018-005R Ammon City Council 03.02.2023Page 26 of 97 2018 City of Ammon Comprehensive Plan 4. Buffer residential areas from industrial lands by roadways, office and shopping areas, open space, landscaping, berms, and fencing. Such buffering should be tailored to the industrial use. The buffering required for a food processing plant is likely to be different than the buffering required for a research laboratory or light assembly plant. Parks and Open Space 1. The existing parks are shown on the future land use map as parks. 2. Future parks are shown symbolically on the future land use map to suggest a park or open space needed to serve the neighborhood as it develops. 3. Sensitive lands such as floodplains, wetlands, steep slopes, and drainages, plus exhausted gravel pits, may be shown as open space. Land Use Categories and Applicable Zones T ABLE 12. L AND-U SE C ATEGORIES AND A PPLICABLE Z ONES. Land Use Category Applicable Zones More than six (6.0) dwelling units per acre (R2, R2A, R3, R3A, MU, High Density Residential PUD) A maximum of six (6.0) dwelling units per acre (RE, RP, RPA, R1, Low Density Residential R1A, RS, MU, PUD, RMH) Institutional uses By Conditional Use Permit and/or allowed by zone Heavy commercial C1, HC1, CC1, GC1, MU Light commercial PB, LC/PB, MU Industrial I&M1, I&M2, M-1 Parks, open space All zones. 30 Adopted by 2018-005R. Amended by Resolution 2021-013R. Ammon City Council 03.02.2023Page 27 of 97 Ammon City Council 03.02.2023Page 28 of 97 Ammon City Council 03.02.2023Page 29 of 97 CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, JANUARY 4, 2023 7:00 P.M. AGENDA THIS MEETING WILL ALSO BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 MEETING ID: 208 612 4000 PASSWORD: 26666 Phone-in Number: 1 669 900 6833 CALL TO ORDER: Chairman Nick Torman Pledge of Allegiance: Josh Rydalch MINUTES: December 7, 2022 PUBLIC HEARINGS: 1. 2023-001 Amendment to the Comprehensive Plan Land Use Map 2. 2023-002 Annexation of Johnston Farms 7.188 acres ACTION ITEMS: 1. Election of Chairman 2. Election of Vice Chairman 3. 2023-001 Action on Amendment to the Comprehensive Plan Land Use Map 4. 2023-001 Recommendation for additional public hearing 5. 2023-001 Adoption of Reasoned Statement 6. 2023-002 Action on Annexation of Johnston Farms 7.188 acres 7. 2023-002 Recommendation for additional public hearing 8. 2023-002 Adoption of Reasoned Statement DISCUSSION ITEMS: 1. Comprehensive Plan and Future Land Use Map Amendments 2. Title 10 Amendments REPORTS: City Council Cindy Donovan City of Idaho Falls Cindy Donovan Traffic Commission Cindy Donovan Bonneville County Frances Rice CALL FOR ADJOURNMENT: MINUTES Commission Members Present: Commission Members Absent: City Staff Present: Chairman Nick Torman None Planning and Zoning Director Cindy Donovan Vice Chairman Bond Eslinger Assistant City Engineer Morgan Stewart Commissioner Patrick Malone Assistant Planner Heather McBride Commissioner Josh Rydalch Admin Assistant Shari Ockerman Commissioner Chris Schmalz Commissioner Jason Randall Commissioner Kristi Carlquist Commissioner Jeff Caldwell Commissioner Ashley Jo Winters- Glenn Planning and Zoning Commission 01.04.2023 Minutes Page 1 of 11 Ammon City Council 03.02.2023Page 30 of 97 CALL TO ORDER: Chairman Torman opened the meeting at 7:00 p.m. Commissioner Rydalch led the Pledge of Allegiance. MINUTES: December 7, 2022 Commissioner Eslinger moved to approve the December 7, 2022 minutes. Commissioner Randall seconded. The motion passed 8 approve, 1 abstain (Commissioner Torman absent) by voice vote. PUBLIC HEARINGS: Eslinger read a prepared statement explaining the public hearing process and the public testimony procedure. Eslinger opened public hearing 2023-001 and 2023-002. 1. 2023-001 Amendment to the Comprehensive Plan Land Use Map Compliance This action is in compliance with the Comprehensive Plan and Title 10, Chapter 4 This action is not in compliance with the Comprehensive Plan Land Use Map. However, they are requesting an amendment to the map. Planning and Zoning Commission Criteria for Decision: Section 11-1-10 1. ill be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and 2. 3. ommission is required to make a recommendation to City Council regarding the annexation. This recommendation must include a zoning recommendation. Summary of Analysis 1. Current Comprehensive Plan Land Use Map shows the property as Light Commercial 2. This property qualifies as an infill project and will eliminate a county island. Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development is compact, economic and efficient 3. This property is serviced by the Iona Bonneville Sewer District (IBSD) and there is a city water line along th 17 Street. Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. 4. High Density Residential allows for R-2, R-2A, R-3, and R-3A zoning. Any zone can be built out to a lesser density than the maximum allowed and can include detached residential units. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 7: A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. Comprehensive Plan Chapter 10, Page 25, Item 14: To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 4: High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. Planning and Zoning Commission 01.04.2023 Minutes Page 2 of 11 Ammon City Council 03.02.2023Page 31 of 97 Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 10: Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 5. Property is located within walking distance of commercial developments located on the corners of Ammon Road (35th E) and 17th Street. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 3: High-density residential uses should be located within walking distance of commercial developments. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 5: Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 6: High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 8: To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 9: High density residential should be located near or provide for transit pickups as they are available. As high- density developments are created in the city, there should be a review of the current transit stops for the potential of offering pickup on site or near the high-density developments. 6. Project is located off of 17th Street, which is classified by the Bonneville Metropolitan Planning Organization (BMPO) as a minor arterial. Project would be required to improve their frontage on 17th Street to City Standards. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 2: High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. Comprehensive Plan Chapter 10, Page 25, Item 15: Locate commercial and higher density residential uses at or near intersection of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 7. High density can act as a buffer between the low density residential to the east and the commercial property to the west. Comprehensive Plan Chapter 10, Page 21, Item 2: In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses. 8. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 11: Each living unit in a high- density residential development should be individually platted to encourage homeownership. 9. Comprehensive Plan Chapter 12. Schools, Page 33, The City and the District should continue to address concerns about overcrowding of schools as new annexation and development occurs. See letter provided by Bonneville Joint School District 93 included with this staff report. 10. Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Planning and Zoning Commission 01.04.2023 Minutes Page 3 of 11 Ammon City Council 03.02.2023Page 32 of 97 The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. Parcel Characteristics - General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west of Ross Avenue - Acres: 7.188 acres - Zoning: Requesting high density (R-2) - To amend the Comprehensive Plan Land Use Map from Light Commercial to High Density Residential - Presented by Hamlet Homes and Horrocks Engineering Notice - Published in the Post Register on Friday, December 2, 2022 - Mailed letters to 20 public entities on Friday, December 2, 2022 - No sign posting required, was posted with public hearing #2023-002 on Thursday, December 15, 2022 - Public Comment: One person came to the office to ask about what can be built and where the ingress/egress to 17th Street would be located. Donovan received an e-mail regarding concerns with the public hearing process. She read this prepared statement into the record: The deadline for written public comment was on Wednesday, December 30, 2022. Letters were require notice to be mailed not less than 28 days prior to hearing. Thus, this notice was mailed 5 days prior to when it was required to be mailed. The legal notice was published in the Post Register on December 2 and December 9, 2022, and likewise meets all publication requirements as required by the Ammon City Code and Idaho State requirements. Verbal testimony will be allowed for those who sign up to testify in person this evening, as well as, those participating on zoom. The Council chambers has a capacity of 64 persons and zoom has the capability to have 500 people present. Donovan noted for the record that there are approximately 12 available seats here in the City Council chambers and currently there are approximately 4 people appearing by zoom. 2. 2023-002 Annexation of Johnston Farms 7.188 acres Compliance - This application is in compliance with 11-1-7 Submittal Requirements for Annexations Less Than Ten (10) Acres - This action is in compliance with the Comprehensive Plan and Title 10, Chapter 4 - This action is not in compliance with the Comprehensive Plan Land Use Map. However, they have requested an amendment to the map. Planning and Zoning Commission Criteria for Decision: Section 11-1-10 1. cies of applicable components of the Ammon Comprehensive Plan; and 2. Planning and Zoning Commission 01.04.2023 Minutes Page 4 of 11 Ammon City Council 03.02.2023Page 33 of 97 3. regarding the annexation. This recommendation must include a zoning recommendation. Summary of Analysis 1. Current Comprehensive Plan Land Use Map shows the property as Light Commercial 2. Whereas this property is under ten (10) acres the studies in 11-1-6 L have been waived. There will be requirements for road improvements within the Annexation Agreement and the Standard Development Agreement. This property is not located in the Flood Plain. 3. This property is currently a county island within the City of Ammon and would be classified as an infill development. Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development that is compact, economic and efficient 4. This property is serviced by the Iona Bonneville Sewer District (IBSD) and there is a city water line along 17th Street. Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. 5. Project Area Concept Plan is a concept, and should not be considered as a plat. 6. Proposing 46 townhome units and 7 single family detached units for a total of 53 dwelling units. 7. Proposed project density is 7.37 units per acre. R-2 zoning allows for a density of 8.0 units/acre. 8. The requested zone of R-2 can be built out as single family detached units and single family attached units with a maximum of 4 attached units. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 7: A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. Comprehensive Plan Chapter 10, Page 25, Item 14: To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 4: High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 10: Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 9. Property is located within walking distance of commercial developments located on the corners of thth Ammon Road (35 E) and 17 Street. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 3: High-density residential uses should be located within walking distance of commercial developments. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 5: Developments built at these densities should be walkable and, when available, can be served by transit. Site design Planning and Zoning Commission 01.04.2023 Minutes Page 5 of 11 Ammon City Council 03.02.2023Page 34 of 97 should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 6: High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 8: To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 9: High density residential should be located near or provide for transit pickups as they are available. As high- density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments. th 10. Project is located off of 17 Street, which is classified by the Bonneville Metropolitan Planning th Organization (BMPO) as a minor arterial. Project would be required to improve their frontage on 17 Street to City Standards. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 2: High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. Comprehensive Plan Chapter 10, Page 25, Item 15: Locate commercial and higher density residential uses at or near intersection of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 11. Project is proposing single family detached housing to buffer the RP properties to the east from the proposed R-2 units and commercial zoned property to the west. Comprehensive Plan Chapter 10, Page 21, Item 2: In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses. 12. Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. High Density Location Criteria Compliance (10-5-27) - (A) Criteria Applicable to ALL High-Density Projects. th 1. Projects must be located directly on principal or arterial streets this project is located off of 17 Street, an arterial 2. Collector streets may be considered not applicable, located on an arterial 3. Cannot require access to an arterial through a lower density development project has direct th access to an arterial (17 Street) 4. Project requires design review prior to building permit requirement Planning and Zoning Commission 01.04.2023 Minutes Page 6 of 11 Ammon City Council 03.02.2023Page 35 of 97 5. Project shall not exceed the maximum allowed density concept shows density of 7.37 units per acre, maximum allowed is 8 units per acre 6. Prior to any consideration by the commission, comments shall be requested for Bonneville School District 93 See letter provided by Bonneville Joint School District 93 - (B) R-2: Criteria Applicable to High-density Project in R-2 Zone 1. All criteria listed above 2. Minimum of 2 acres project is 7.188 acres 3. Shall not exceed 80 units per development requesting 53 units 4. Provide public green space or green space is shown in the concept plan a) Located within ½ mile walking distance of a city park Horrocks Engineering provided the following distances: approximately 0.50 miles from Eagle Pointe Park, approximately 0.60 miles from McCowin Park, and approximately 0.80 miles from Peterson Park b) Provide pedestrian access to the park does not currently have direct pedestrian access c) Contribute financially to enhancing park infrastructure parks contribution would be required from the development, with the current concept and fee resolution, the contribution would be $66,182.00 5. All units must be individually platted requirement a) Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 11: Each living unit in a high-density residential development should be individually platted to encourage homeownership. Parcel Characteristics - General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west of Ross Avenue - Acres: 7.188 acres - Zoning: Requesting high density (R-2) - To recommend approval of the Johnston Farms annexation of 7.188 acres with the initial residential zoning of R-2. - Presented by Hamlet Homes and Horrocks Engineering Notice - Published in the Post Register on Friday, December 2, 2022 and Friday, December 9, 2022 - Mailed letters to 20 public entities and 36 property owners on Friday, December 2, 2022 - Property was posted with Public Hearing #2023-001 on Thursday, December 15, 2022 - Public Comment: One person came to the office to ask about what can be built and where the ingress/egress to 17th Street would be located. Applicant Clint Boyle/Horrocks Engineering, 2164 Snake River Parkway #205, Idaho Falls, ID. The developer held a consist of attached townhomes and traditional single-family residential units. The high-density residential is a step down from the current planned land use of commercial. The requested R-2 zone will provide a buffer between low density and commercial. There are 11 acres of undeveloped commercial property allowing this project to be a buffer between the commercial and the low density residential to the east. The annexation is good for the City, it infills a county island, is surrounded by the City and all utilities are already available. The developer will be required to contribute to improvements on 17th street. The project is compliant with the Comprehensive Plan. Planning and Zoning Commission 01.04.2023 Minutes Page 7 of 11 Ammon City Council 03.02.2023Page 36 of 97 Jon Southern/ Hamlet Homes, 84 West 4800 South Ste. #200, Murray UT, this will be their third project in the area. They are currently working in Iona and Rigby. Travis Morris, 3961 Maizy Way, is a developer and also an Ammon reside Supporting Testimony Robert Johnston, 2040 Curlew Drive, this is his property, the family does not want to sell the property, but needs to so their mother can be moved to a skilled nursing center. The traffic is bad and developer will make needed improvements to 17th street. The project the developer has planned does a good job at blending in with the surrounding neighborhood. Neutral Testimony Tom Pilkington, 3768 Meadowbrook Circle, does not think 17th Street can handle the traffic from 50 new residential units. Cody Richens, 3808 17th Street, the requested area borders his property. The traffic on 17th Street is already bad. He sees many wrecks in front of his home. The City installed water meters because of ongoing water issues. He already has water pressure problems; new units would increase his troubles. He would lose property if 17th street is widened, his property value will fall. Opposing Testimony Diane Poirier, 3777 Marlene Street, home borders the property. There is already too much traffic on 17th street. The project is too dense and will have a negative impact on schools and City water. Cars are using Ross Avenue as a major street. The townhomes do not fit in with the existing neighborhood. Valerie Packer, 3725 Marlene Street, back of her property will face the project. She moved to Ammon for space. She wants Ammon to keep the rural spirit. The land use should reflect the surrounding properties. She questions if the Commission is an active board. The burden to support schools will fall on the tax payers. Dennis Jansen, 3824 E. 17th Street, is in escrow on second home from the property. The street and schools cannot handle an increase. More schools and improvements need to be made first. Steven Shearer, 4784 East 43 North, is opposed due to concerns with water, traffic and high density. Michael Southwick, 3968 E 17th Street, there is a safety issue with children from the development crossing 17th Street or Ammon Road to get to parks. A park is needed for children in the area. Cindy Southwick, 3968 E. 17th Street, the density is too high. The land use should match surrounding areas. There is a market for large homes with land. She is opposed due to high density, traffic safety and water shortage. Mona Youngerman, 350 Clary Avenue, the traffic on 1st street is bad; more homes will make things worse. There is already a surplus of new homes and rentals in the area sitting on the market. The home builders are losing money. The developers should build the schools, that is how it is done back East. The burden is placed on the builders not the tax payers. Retired people are on a fixed income. Ammon is in a water shortage. Brandon Taylor, 3665 Marlene Street, he is adjacent to the proposed annexation site. The proposed density will change the surrounding properties. He thinks the site should be zoned RE. The R-2 zone is not harmonious with existing homes. He has heard of contention between homeowners with an animal overlay and homeowners in the Planning and Zoning Commission 01.04.2023 Minutes Page 8 of 11 Ammon City Council 03.02.2023Page 37 of 97 Eagle Pointe Subdivision. He has water rights on the irrigation ditch. His water rights must be protected. The property is two acres short for the number of requested units, per City code, by his calculations. Sheila Kappel, 3776 Marlene Street, (read into record by Eslinger), concerned with high density, existing traffic, increased noise and possible increased crime. Donna Guillen, 4069 Birchwood Circle, the traffic on 17th St. is heavy and not safe for biking. The high density will have a negative impact on sewer, water and cause overcrowding in schools. Which will lead to an increase in taxes. The City needs to start imposing impact fees. Bonnie Titus, 3660 Wanda Street, likes the area because it is quiet, no sidewalks, no lights. The high density will produce light pollution. There are traffic safety concerns with cars exiting from the Eagle Pointe subdivision. It is a safety factor for children and disabled individuals. Building additional homes will expand the problem. The City will need more public safety services. The land use should remain low density and large lots to protect the surrounding existing homes. Jerry Mitchell, 3751 Marlene Street, the high-density land use is not consistent or harmonious with the surrounding neighborhood. This property should not be changed to appease a developer. Rebuttal/Boyle, the streets are an ongoing challenge as cities grow. They will contribute required improvements. Asked Donovan to display letter from School District #93 stating there is open capacity (at this time) in the schools where the proposed project would be built. The technological progress with street lighting, such as LED light bulbs, directional lighting, removes the threat of light spillage over the property line. The project will include an HOA maintained park space. It is hard to find interest in large homes with large lots on an arterial road. The Comprehensive P outskirts of the City or the sprawling growth of the city is what drives the increase of the tax burden. The location is a good spot for density, it is surrounded by the City and eliminates a county island. The water and sewer are already there. It is an example of smart growth. The land use is already designated commercial. The R-2 zone is a step down. Eslinger closed the Public Hearings Comprehensive Plan criteria, need for commercial property in the City, and the buffering of existing neighborhoods. ACTION ITEMS: 1. Election of Chairman Commissioner Malone moved to nominate Bond Eslinger for Chairman. Commissioner Schmalz seconded. The motion passed by voice vote. 2. Election of Vice Chairman Commissioner Eslinger nominated Chris Schmalz for Vice Chairman. Commissioner Carlquist seconded. The motion passed by voice vote. 3. 2023-001 Action on Amendment to the Comprehensive Plan Land Use Map: Commissioner Schmalz moved to recommend approval to City Council the Comprehensive Plan Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Torman seconded. Roll Call Vote: Schmalz Yes, Torman - Yes, Caldwell Yes, Carlquist Yes, Malone No (density is too high), Eslinger No (not harmonious with surrounding neighborhood), Rydalch No (density is too high), Randall No (density is too high), Winters-Glenn No (density is too high). The motion was denied 4. 2023-001 Recommendation for additional public hearing: Planning and Zoning Commission 01.04.2023 Minutes Page 9 of 11 Ammon City Council 03.02.2023Page 38 of 97 Commissioner Carlquist recommended an additional hearing is needed for 2023-001. Commissioner Malone seconded. The motion passed unanimously by voice vote. 5. 2023-001 Adoption of Reasoned Statement: Commissioner Torman moved to provide the following findings to the City Council as the reasoning for the recommendation to approve. Commissioner Malone seconded the motion. The motion passed unanimously by voice vote. Findings for Recommendation: Approve: Chapter 10, Page 25. Items 17,2,8,10, good buffer to commercial zone, infill county island, required amenities. Deny: Too dense, removal of commercial, safety issues due to traffic, public testimony overwhelmingly opposed, not harmonious with existing neighborhoods. 6. 2023-002 Action on Annexation of Johnston Farms 7.188 acres: Commissioner Carlquist moved to recommend approval to City Council of the Annexation of Johnston Farms, 7.188 acres with an R-2 zone, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Schmalz seconded. Roll Call Vote: Carlquist Yes, Schmalz - Yes, Caldwell Yes, Malone No (density is too high), Eslinger No (not harmonious with surrounding neighborhood), Torman Yes, Rydalch No (density is too high), Randall No (density is too high), Winters-Glenn No (density is too high). The motion was denied 7. 2023-002 Recommendation for additional public hearing: Commissioner Rydalch recommended an additional hearing is needed for 2023-002. Commissioner Schmalz seconded. The motion passed unanimously by voice vote. 8. 2023-002 Adoption of Reasoned Statement: Commissioner Malone moved to provide the following findings to the City Council as the reasoning for the recommendation to approve. Commissioner Randall seconded the motion. The motion passed unanimously by voice vote. Findings for Recommendation: Approve: Chapter 10, Page 25. Items 17,2,8,10, good buffer to commercial zone, infill county island, required amenities. Deny: R-2 is too dense for the location, no middle ground for high density and lower density, preferred lower density such as R-1, R1-A, RS. DISCUSSION ITEMS: 1. Comprehensive Plan and Future Land Use Map Amendments: The City Council recommends reinstating medium density. The medium density zones would be R-2 and R2-A. The allowed units would be 8 to twelve units per acre. The land use map would be modified to the month at 4:30 p.m. 2. Title 10 Amendments: Staff discussed proposed changes to the large subdivision ordinance. Currently lots are allowed to be sold after final plat has been approved; before infrastructure has been installed. Other cities the developers begin infrastructure installation before the final plat is approved. Lots are not allowed to be sold before infrastructure is completed. The proposed amendment will include changes to parking and signage codes. REPORTS: City Council Cindy Donovan City of Idaho Falls Cindy Donovan Traffic Commission Cindy Donovan Bonneville County Frances Rice was not present Donovan provided updates regarding Harding Lane which is in the City impact area and is in the process of being rezoned from R-1 to R-2 and the county approved an additional 650 acres for development in the Comore Loma area. CALL FOR ADJOURNMENT: The meeting adjourned at 10:20 p.m. Planning and Zoning Commission 01.04.2023 Minutes Page 10 of 11 Ammon City Council 03.02.2023Page 39 of 97 _______________________________ Bond Eslinger, Chairman ________________________________ Kristina Buchan, City Clerk Planning and Zoning Commission 01.04.2023 Minutes Page 11 of 11 Ammon City Council 03.02.2023Page 40 of 97 CHAPTER 4 AMENDMENTS SECTION: 10-4-1: Ordinance and Map May Be Amended 10-4-2: Petition to Planning Commission 10-4-3: Amendments to be in Harmony with Land Use Plan 10-4-4: Public Hearing Notice 10-4-5: Reconsideration 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 10-4-2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 10-4-3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council 10-4-4: PUBLIC HEARING NOTICE: Applications for amending the zoning ordinance and zoning map shall comply with public hearing and notice requirements of Idaho Code Title 67, Chapter 65. 10-4-5: RECONSIDERATION: Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. tğŭĻ Њ ƚŅ Њ wĻǝźƭĻķ ЊЊΏЊВΏЋЉЋЉ Ammon City Council 03.02.2023Page 41 of 97 Ammon City Council March 2, 2023 Mayor Coletti and City Councilmembers: Public Hearing #2023-007 Johnston Farms Annexation Staff Presenting: Cindy Donovan Planning Director Compliance - This application is in compliance with 11-1-7 Submittal Requirements for Annexations Less Than Ten (10) Acres - This action is in compliance with the Comprehensive Plan and Title 10, Chapter 4 - This action is not in compliance with the Comprehensive Plan Land Use Map. However, they have requested an amendment to the map. - If approved, s the sidewalk to the west (17th and Ammon Road) to provide access to McCowin and Peterson Parks to be in compliance with 10-5-27.B.4.b. Council Criteria for Decision: Section 11-1-11 1. Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of 4. If the application is in general compliance with the Comprehensive Plan, the Council shall consider the application for a zoning classification and consider any and all factors it deems important to determine whether an application for annexation shall be granted or denied. Summary of Analysis 1. Current Comprehensive Plan Land Use Map shows the property as Light Commercial 2. The property is currently zoned A-1 Agricultural Zone in Bonneville County 3. Whereas this property is under ten (10) acres the studies in 11-1-6 L have been waived. There will be requirements for road improvements within the Annexation Agreement and the Standard Development Agreement. This property is not located in the Flood Plain. 4. This property is currently a county island within the City of Ammon and would be classified as an infill development. Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development that is compact, economic and efficient 5. This property is serviced by the Iona Bonneville Sewer District (IBSD) and there is a city water line along 17th Street. Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. 6. Project Area Concept Plan is a concept, and should not be considered as a plat. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.02.2023Page 42 of 97 7. Proposing 46 townhome units and 7 single family detached units for a total of 53 dwelling units. 8. Proposed project density is 7.37 units per acre. R-2 zoning allows for a density of 8.0 units/acre. 9. The requested zone of R-2 can be built out as single family detached units and single family attached units with a maximum of 4 attached units. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 7: A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. Comprehensive Plan Chapter 10, Page 25, Item 14: To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 4: High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 10: Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 10. Property is located within walking distance of commercial developments located on the corners thth of Ammon Road (35 E) and 17 Street. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 3: High-density residential uses should be located within walking distance of commercial developments. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 5: Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 6: High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 8: To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03.02.2023Page 43 of 97 Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 9: High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments. th 11. Project is located off of 17 Street, which is classified by the Bonneville Metropolitan Planning Organization (BMPO) as a minor arterial. Project would be required to provide 50' right-of-way ewalk, . Comprehensive Plan Chapter 10, Page 25, High Density Residential Item 2: High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. Comprehensive Plan Chapter 10, Page 25, Item 15: Locate commercial and higher density residential uses at or near intersection of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 12. Project is proposing single family detached housing to buffer the RP properties to the east from the proposed R-2 units and commercial zoned property to the west. Comprehensive Plan Chapter 10, Page 21, Item 2: In limited and newer locations, high- density residential uses buffer low-density residential uses from commercial uses. 13. Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. High Density Location Criteria Compliance (10-5-27) - (A) Criteria Applicable to ALL High Density Projects. 1. Projects must be located directly on principal or arterial streets this project is located th off of 17 Street, an arterial 2. Collector streets may be considered not applicable, located on an arterial 3. Cannot require access to an arterial through a lower density development project has th direct access to an arterial (17 Street) 4. Project requires design review prior to building permit requirement 5. Project shall not exceed the maximum allowed density concept shows density of 7.37 units per acre, maximum allowed is 8 units per acre 6. Prior to any consideration by the commission, comments shall be requested for Bonneville School District 93 See letter provided by Bonneville Joint School District 93 - (B) R-2: Criteria Applicable to High-density Project in R-2 Zone 1. All criteria listed above 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 03.02.2023Page 44 of 97 2. Minimum of 2 acres project is 7.188 acres 3. Shall not exceed 80 units per development requesting 53 units 4. Provide public green space or green space is shown in the concept plan a) Located within ½ mile walking distance of a city park Horrocks Engineering provided the following distances: approximately 0.50 miles from Eagle Pointe Park, approximately 0.60 miles from McCowin Park, and approximately 0.80 miles from Peterson Park b) Provide pedestrian access to the park does not currently have direct pedestrian access. Direct pedestrian access would be required in order to be compliant. Staff recommends requiring installation of sidewalk to connect the property to the th sidewalk to the west (17 and Ammon Road) to provide access to McCowin and Peterson Parks. c) Contribute financially to enhancing park infrastructure parks contribution would be required from the development, with the current concept and fee resolution, the contribution would be $66,182.00 5. All units must be individually platted requirement a) Comprehensive Plan Chapter 10, Page 26, High Density Residential Item 11: Each living unit in a high-density residential development should be individually platted to encourage homeownership. Parcel Characteristics - General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west of Ross Avenue - Acres: 7.188 acres - Zoning: Requesting high density (R-2) - Surrounding Zones: R1-A to the north, RP to the east, RP to the south, and CC-1 to the west. - To recommend approval of the Johnston Farms annexation of 7.188 acres with the initial residential zoning of R-2. - Presented by Hamlet Homes and Horrocks Engineering City Council Notice of Public Hearing - Published in the Post Register on Friday, January 27, 2023 - Mailed letters to 20 public entities and 36 property owners on Friday, January 27, 2023 - Property was posted with Public Hearing #2023-006 on Friday, February 10, 2023 Public Comment: Planning and Zoning Commission Public Hearing #2023-002 was held before the Commission on Wednesday, January 4, 2023 Written testimony was received from Bonneville Joint School District 93 and is attached Testimony was presented by 15 persons, 1 in favor, 2 neutral, 12 in opposition Commission recommended to deny with a split vote of 5 to deny and 4 to approve During deliberations the Commission discussed the following points: Those recommending denial stated that the application was not compatible with properties to the south and east. There were concerns with the loss of potential 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Ammon City Council 03.02.2023Page 45 of 97 commercial property, however they did find it appropriate to have residential property between 4 to 6 units per acre at this location to buffer the RP properties from the commercial property to the west. Those recommending approval stated that the application met all requirements for R-2 zoning as stated in City Ordinance and the Comprehensive Plan. This includes the placement on an arterial, infill of a county island, acts as a buffer between commercial and low-density residential property, and complies with the High-Density Placement Criteria. Reasoned Statement: Deny R2 is too dense for the location No middle ground for high density and lower density Preferred lower density such as R-1, R1-A, RS Approve Chapter 10 Page 25 Items 17, 2, 8, 10 Good buffer to commercial zone Infill county island Required amenities Commission Notice of Public Hearing - Published in the Post Register on Friday, December 2, 2022 and Friday, December 9, 2022 - Mailed letters to 20 public entities and 36 property owners on Friday, December 2, 2022 - Property was posted with Public Hearing #2023-001 on Thursday, December 15, 2022 - Public Comment: One person came to the office to ask about what can be built and where the ingress/egress to 17th Street would be located. Motion Approve I move to approve the Johnston Farms annexation, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to deny the Johnston Farms annexation, finding it does not comply with the Comprehensive Plan or City ordinance. Continue I move to continue the Johnston Farms annexation until further details can be attained. Attachments: 1. Vicinity Map 2. Project Area concept plan 3. Planning and Zoning Commission Reasoned Statement 4. Bonneville Joint School District 93 Letter (included in packet with Public Hearing #2023-006) 5. Comprehensive Plan Chapter 10 (included in packet with Public Hearing #2023-006) 6. Title 10 Chapter 4 (included in packet with Public Hearing #2023-006) 7. Title 10 Chapter 5 Section 27 High Density Criteria 8. Title 10 Chapter 15 R-2 Residence Zone 9. Title 10 Chapter 37 Section 2 (A) Residential District Uses 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 Ammon City Council 03.02.2023Page 46 of 97 O C K S E JOHN ADAMS PKWY. N G I N 0400'800' SCALE: 1" = 800' R = 1 2 M I L E JOHNSTON FARMS PROJECT LOCATION E. 17TH ST. E. 17TH ST. GEORGIA LN. DRAWING INFO DATE 09/2/22 SCALE 1" = 800' JOHNSTON FARMS DATE REV # 1 *SEE 2nd SHEET FOR LISTING ANNEXATION EXHIBIT: VICINITY MAP Ammon City Council 03.02.2023Page 47 of 97 PROJ. NO: www.horrocks.com 01 PAGE www.horrocks.com *SEE GENERAL NOTES SHEET ID-LD-5892-22 PROJECT DRAWING IS NOT TO SCALE (208) 522-1223 MEASURE 2" THEN CJF CHECKED SITE PLAN LAYOUT IF THIS BAR DOES NOT Idaho Falls, ID 83402 MDK 2194 Snake River Pkwy., Suite 205 DRAWN AMMON, ID 210 DESIGNED 09/02/2022 WARNING # DATEREV #DATE SUBDIVISIONNS JOHNSTON FARM REVISIONSDRAWING INFO J TAYLOR EXTENSION CANAL ROSS AVE. WINDSOR DR. AMMON RD. MIDWAY AVE. Ammon City Council 03.02.2023Page 49 of 97 10-5-27: High Density Location Criteria: The following criteria pertains to all property developments zoned R-2 or higher. (A) Criteria Applicable to ALL High Density Projects. 1. Principal or Arterial Street Location. High-density projects must be located directly on a principal or arterial street, as defined by the currently adopted definitions of the Bonneville Metropolitan Planning Organization (BMPO); and 2. Collector Streets. Collector Streets may be considered if projects meet all other criteria; and 3. Prohibited Access. A high-density development shall not require access to an arterial through a lower density residential development; and 4. Design Review. All high-density projects require Design Review approval prior to seeking a building permit; and 5. Maximum Density. Developments shall not exceed the maximum density allowed by the underlying zoning district; and 6. School District Comments. Prior to any consideration by the Planning and Zoning Commission, comments shall be requested from Bonneville School District 93. (B) R-2: Criteria Applicable to High-density Project in R-2 Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Developments shall be a minimum of two (2) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-2 development shall not exceed eighty (80) units total per development; and 4. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 5. Platting of Units. All units must be individually platted. (C) R2-A: Criteria Applicable to High-density Project in R2-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of three (3) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R2-A development shall not exceed one hundred twenty (120) units total per development; and 4. Required Amenities. Developments shall be within one-half (1/2) mile walking distance, as measured along any line that meets the definition of Pedestrian Access, to a commercial area that provides grocery shopping and either retail shopping or dining. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Public Green Space. If the development does not provide public green space, the development must: Page 17 of 18 SUPPLEMENTARY REGULATIONS REVISED 12-16-2021 Ammon City Council 03.02.2023Page 50 of 97 a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct Pedestrian Access to the park; and c) Contribute financially to enhancing park infrastructure; and 6. Platting of Units. All units must be individually platted. (D) R-3 & R3-A: Criteria Applicable to High-density Project in R-3 and R3-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of four (4) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-3 or R3-A development shall not exceed 200 units total per development; and 4. Required Amenities. Developments shall be adjacent to a commercial area and within a quarter (1/4) mile of grocery shopping, as measured along any line that meets the definition of Pedestrian Access. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Private Green Space. Development shall provide privately owned green space within the development; and 6. Public Green Space. R-3 and R3-A developments shall: a) Be located within one-half (1/2) mile of a public city park or donate a public city park through the platting process; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 7. Setbacks. If the development shares a property line with a low density residential area, all buildings located along the shared property line between the project and the low density residential area shall have a setback of twenty-five (25) feet plus four (4) feet for every one (1) foot of building height. Building height is measured to the top plate. a) Example: If Building Height is thirty (30) feet, setback would be: 25 + (4 x 30) = 145 feet; and 8. Agency Comments Required. Prior to any consideration by the Planning and Zoning Commission, R-3 and R3-A developments require comments from the following outside agencies: Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, the Bonneville County Sheriff's Office, EIRWWA, Progressive Irrigation, and the Idaho Canal Company (if applicable). Page 18 of 18 SUPPLEMENTARY REGULATIONS REVISED 12-16-2021 Ammon City Council 03.02.2023Page 51 of 97 CHAPTER 15 R-2 RESIDENCE ZONE SECTION: 10-15-1: General Objectives and Characteristics of Zone 10-15-2: Location of Accessory Structures 10-15-3: Lot Coverage 10-15-4: Special Provisions Regarding Single-Family Attached Dwellings 10-15-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by smaller dwellings, somewhat more compact and denser residential development. This zone does not allow density that will exceed eight (8.0) dwelling units per acre. The principal permitted uses in the R-2 Residence Zone shall be single-family detached dwelling units, buildings containing two (2), three (3), or four (4) zero lot line single-family attached dwelling units, and certain other public facilities which are necessary to promote and maintain stable residential areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-2 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). 10-15-2: LOCATION OF ACCESSORY STRUCTURES: (A) Side yard requirements for accessory buildings shall be the same as for main buildings. Any accessory building placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory buildings which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. tğŭĻ Њ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 03.02.2023Page 52 of 97 10-15-3: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment of the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R-2 Zone adjoins land zoned RP, RP- A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. 10-15-4: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS. (A) All lots upon which a single-family attached dwelling is located shall have vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. (B) No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. (C) Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may be held in common with another single-family dwelling unit. (D) No more than four (4) single-family attached dwellings may be attached together. (E) Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached tğŭĻ Ћ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 03.02.2023Page 53 of 97 dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code or International Residential Code as they may apply. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (F) No certificate of occupancy shall be issued for a single family attached dwelling unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each dwelling unit has been filed with the Bonneville County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the individual dwelling units sharing common facilities and shall allocate responsibility as and between the owners of such lots for the use, maintenance, and ownership of all common facilities. tğŭĻ Ќ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 03.02.2023Page 54 of 97 97 of 55 Page 03.02.2023 Council City Ammon Ammon City Council March 2, 2023 Mayor Coletti and City Councilmembers: Public Hearing #2023-010 Title 11 Amendment Staff Presenting: Cindy Donovan Planning Director Compliance - This action is in compliance with Title 1, Chapter 1, Section 3 Amendments of Ammon City Code and Chapter 9, Title 50, Idaho Code Summary of Analysis 1. This amendment requires properties seeking to be annexed into the City of Ammon to be part of a sewer district before the City signs the annexation agreement. 2. Areas that were not included in the Eastern Idaho Regional Sewer District (EIRSD) legal description at the time of formation of the district will need to be annexed into EIRSD. This is applicable to most properties in the City of Ammon Impact Area. 3. Areas could also annex into the Iona Bonneville Sewer District (IBSD). 4. Amend 11-1-6 Submittal Requirements for Annexations Greater than ten (10) acres to add paragraph M to include the requirement of being in process with sewer district annexation when applying for City annexation. 5. Amend 11-1-7 Submittal Requirements for Annexations less than ten (10) acres to include the requirement of being in process with sewer district annexation when applying for City annexation. 6. Amend 11-1-11.C.a Annexation Agreement to include requirement of proof of annexation before the City signs an annexation agreement. Notice of Hearing - Published in the Post Register on Friday, February 10, 2023 - Mailed letters to 20 public entities on Friday, February 10, 2023 - No sign posting is required - Public Comment: no comment received Motion See script provided with Ordinance #701 Attachments: 1. Title 11 Annexation Procedures 2. Title 1 Official City Code 3. Title 50 Chapter 9 Idaho Code 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.02.2023Page 56 of 97 CHAPTER 1 ANNEXATION PROCEDURES SECTION: 11-1-1: Title 11-1-2: Purpose 11-1-3: Applicability 11-1-4: Application Process and Fees 11-1-5: Concurrent Zoning Classification 11-1-6: Submittal Requirements for Annexations Greater Than Ten (10) Acres 11-1-7: Submittal Requirements for Annexations Less Than Ten (10) Acres 11-1-8: Certification and Review 11-1-9: Notice 11-1-10: Commission Review 11-1-11: Council Review 11-1-1 TITLE. 11-1-2 PURPOSE. The City of Ammon finds that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote public health, safety and general welfare. This ordinance is intended to encourage collaboration between property owners and city officials when considering any application for an annexation request in order to arrive at the most sustainable outcome for the community. The annexation process, as described and required by this ordinance, is collaborative. 11-1-3 APPLICABILITY. Any request for an annexation shall be controlled by the provisions of this Title. To the extent the procedures of this Title conflict with the procedures of Idaho Code §50-222 and other applicable state statutes, the provisions of state law shall control. If the annexation is initiated by any taxing district, including the City of Ammon, the provisions of this Chapter shall not govern. 11-1-4 APPLICATION PROCESS AND FEES. An application for an annexation of real property into the City of Ammon shall be filed with the Ammon one holder of an interest in real property for which the annexation is proposed. The applicant shall pay the non-refundable application fee for the proposed annexation, as established by resolution of the City Council, at the time of the filing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay Updated 10.2020 Ammon City Council 03.02.2023Page 57 of 97 for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsman-like manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. 11-1-5 CONCURRENT ZONING CLASSIFICATION. The City shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of the Official City Code of the City of Ammon. The City shall not consider any other application by the applicant on the subject property under the been approved and an annexation ordinance has been adopted and published in accordance with state law. 11-1-6 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS GREATER THAN TEN (10) ACRES. For annexations involving more than ten (10) or more acres of real property, the application shall include the following: A. Application fees established by resolution. B. A statement of the size of the property in square footage and acres. C. A description of the proposed project, including the approximate: 1. Number and size of proposed lots 2. Length and location of the proposed water and sewer mains 3. Length and location of proposed streets and alleys 4. Length and location of the proposed sidewalks. 5. Acreage and location of any parks, trails, and/or open spaces. D. A schematic design of the entire project showing the proposed uses, density, streets, alleys, easements, and proposed size and location of open spaces and parks. E. A statement describing how the proposed project complies with specific goals and policies of the Ammon Comprehensive Plan. F. A statement describing how the proposed project is compatible with adjacent neighborhoods within the City of Ammon. G. A statement describing how the applicable natural resources (e.g., water courses, springs, streams, wildlife, wildlife migration corridors, and access to public lands) and natural hazards (e.g., avalanche, floodplains and floodways) are incorporated into proposed project and/or mitigated. H. A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation. I. A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire, schools, and parks). J. A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded. K. A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. L. Unless not applicable, within the sole discretion of the City, the following studies shall be submitted if requested by the Administrator, City Engineer, Planning and Zoning Commission, or the City Council. If these requirements are waived during the application process, they shall be Updated 10.2020 Ammon City Council 03.02.2023Page 58 of 97 required after annexation but prior to submission of any preliminary plat for the subject property. 1. Traffic Study. A traffic study shall be submitted showing impact on adjacent public streets that would serve the proposed project and the impact on all public streets within a three (3) mile radius of the proposed development. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. 2. Water Study. A water study shall be submitted showing how the development will be serviced with city water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system to fully service the development. The water study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in water studies. 3. Wastewater Study. A wastewater study shall be submitted showing how the development will be serviced for wastewater, the impact the development will have on existing wastewater systems, and the upgrades necessary to the Ammon wastewater system to fully service the development. The wastewater study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in wastewater studies. 4. Floodplain Study. If any portion of the proposed annexation is located within a federally designated floodplain, a Floodplain Study shall be submitting showing how the development will impact the existing floodplain and how the development will impact all property owners downstream of the mapped floodplain 5. A Level I environmental study showing the presence of any hazardous waste. 6. A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation of the proposed development into the City of Ammon. The analysis may be submitted at the time of the application for annexation but no later than when the application is reviewed by the Ammon Planning a qualified and independent person or firm acceptable by the City Council and in a t and to recommend any additional fees paid to the City to compensate for anticipated costs. Based on the fiscal impact analysis and any other study provided and consulted during the annexation process, the Council retains the right to require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek At the sole discretion of the City Council, the requirement to provide a fiscal impact analysis may be waived. The fiscal impact analysis may also be termed a cost/benefit analysis. M. Annexation into a sewer district shall be in process at time of application submission, as verified by the sewer district's governing board, if applicable. 11-1-7 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS LESS THAN TEN (10) ACRES. For annexations involving less than ten (10) acres of real property, except for application fees, the Administrator may waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. The Planning and Zoning Commission and Updated 10.2020 Ammon City Council 03.02.2023Page 59 of 97 any of the items listed in Section 11-1-6 upon finding that their submittal is required to complete their review of the annexation application request. Annexation into a sewer district shall be in process at time of application submission, as verified by the sewer district's governing board, if applicable. 11-1-8 CERTIFICATION AND REVIEW. The Planning and Zoning Administrator shall review the application to determine whether the application is complete. Once the Administrator finds the application complete, the Administrator shall submit the application for review and comment to the applicable City departments and appointed recommending boards. Following receipt of comments by the City departments and boards, the Planning and Zoning Administrator shall schedule a meeting with the Ammon Planning and Zoning for review of the application by the Commission. 11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code Title 67, Chapter 65. 11-1-10 COMMISSION REVIEW. The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. The Commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Zoning Ordinance of the City of Ammon. The Commission shall make findings of fact and conclusions of law relating to the recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. 11-1-11 COUNCIL REVIEW. A. Council Hearing. Upon receipt of the Council may, but is not required to, schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B. Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1. Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare. 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. Updated 10.2020 Ammon City Council 03.02.2023Page 60 of 97 If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. C. Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. a. Annexation Agreement. The City Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. The annexation agreement may include any mitigation measures deemed appropriate by the City Council to address concerns raised during the application process. The annexation agreement shall not be signed by the City until proof of annexation into the applicable sewer district is provided. b. Zoning Designation. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the Zoning Ordinance of the City of Ammon. D. Reconsideration. Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. Updated 10.2020 Ammon City Council 03.02.2023Page 61 of 97 CITY OF AMMON ORDINANCE NO. 701 AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE. WHEREAS, Idaho law recognizes that annexation of real property into a municipality is a discretionary act and is not subject to the Local Land Use Planning Act, Idaho Code §§ 67-6501 ĻƷ ƭĻƨ͵; and WHEREAS, notwithstanding the discretionary nature of annexation request, the Mayor and the City Council of the City of Ammon desire to amend the procedures for annexation applications and reviews of annexation applications; and WHEREAS, the Mayor and the City Council find that the establishment of annexation procedures promotes uniformity and certainty in annexation applications; and WHEREAS, the Mayor and the City Council find that the amendment of annexation procedures as established by this ordinance is consistent with the procedures established in Idaho Code § 50-222; and WHEREAS, the Mayor and the City Council find that the amendment of the annexation procedures will promote the public health, safety and general welfare, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO, AS FOLLOWS: Section 1. AMENDMENT. Ammon Municipal Code, Title 11, is amended with the following language: 11-1-1 TITLE. Annexati 11-1-2 PURPOSE. The City of Ammon finds that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote public health, safety and general welfare. This ordinance is intended to encourage collaboration between property owners and city officials when considering any application for an annexation request in order to arrive at the most sustainable outcome for the community. The annexation process, as described and required by this ordinance, is collaborative. 11-1-3 APPLICABILITY. Any request for an annexation shall be controlled by the provisions of this Title. To the extent the procedures of this Title conflict with the procedures of Idaho Code §50-222 and other applicable state statutes, the provisions of state law shall control. If the annexation is initiated by any taxing district, including the City of Ammon, the provisions of this Chapter shall not govern. 11-1-4 APPLICATION PROCESS AND FEES. An application for an annexation of real property into the City of Ammon shall be filed with the Ammon Planning and Zoning Administrator -1- Ammon City Council 03.02.2023Page 62 of 97 property for which the annexation is proposed. The applicant shall pay the non-refundable application fee for the proposed annexation, as established by resolution of the City Council, at the time of the filing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsman- like manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. 11-1-5 CONCURRENT ZONING CLASSIFICATION. The City shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of the Official City Code of the City of Ammon. The City shall not consider any other application by the applicant on the subject property under the C ordinance has been adopted and published in accordance with state law. 11-1-6 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS GREATER THAN TEN (10) ACRES. For annexations involving more than ten (10) or more acres of real property, the application shall include the following: A. Application fees established by resolution. B. A statement of the size of the property in square footage and acres. C. A description of the proposed project, including the approximate: 1. Number and size of proposed lots 2. Length and location of the proposed water and sewer mains 3. Length and location of proposed streets and alleys 4. Length and location of the proposed sidewalks. 5. Acreage and location of any parks, trails, and/or open spaces. D. A schematic design of the entire project showing the proposed uses, density, streets, alleys, easements, and proposed size and location of open spaces and parks. E. A statement describing how the proposed project complies with specific goals and policies of the Ammon Comprehensive Plan. F. A statement describing how the proposed project is compatible with adjacent neighborhoods within the City of Ammon. G. A statement describing how the applicable natural resources (e.g., water courses, springs, streams, wildlife, wildlife migration corridors, and access to public lands) and natural hazards (e.g., avalanche, floodplains and floodways) are incorporated into proposed project and/or mitigated. H. A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation. I. A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire, schools, and parks). J. A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded. K. A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. L. Unless not applicable, within the sole discretion of the City, the following studies shall be submitted if requested by the Administrator, City Engineer, Planning and Zoning Commission, or -2- Ammon City Council 03.02.2023Page 63 of 97 the City Council. If these requirements are waived during the application process, they shall be required after annexation but prior to submission of any preliminary plat for the subject property. 1. Traffic Study. A traffic study shall be submitted showing impact on adjacent public streets that would serve the proposed project and the impact on all public streets within a three (3) mile radius of the proposed development. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. 2. Water Study. A water study shall be submitted showing how the development will be serviced with city water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system to fully service the development. The water study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in water studies. 3. Wastewater Study. A wastewater study shall be submitted showing how the development will be serviced for wastewater, the impact the development will have on existing wastewater systems, and the upgrades necessary to the Ammon wastewater system to fully service the development. The wastewater study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in wastewater studies. 4. Floodplain Study. If any portion of the proposed annexation is located within a federally designated floodplain, a Floodplain Study shall be submitting showing how the development will impact the existing floodplain and how the development will impact all property owners downstream of the mapped floodplain 5. A Level I environmental study showing the presence of any hazardous waste. 6. A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation of the proposed development into the City of Ammon. The analysis may be submitted at the time of the application for annexation but no later than when the application is reviewed by the Ammon Planning a qualified and independent person or firm acceptable by the City Council and in a format and to recommend any additional fees paid to the City to compensate for anticipated costs. Based on the fiscal impact analysis and any other study provided and consulted during the annexation process, the Council retains the right to require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek ss. At the sole discretion of the City Council, the requirement to provide a fiscal impact analysis may be waived. The fiscal impact analysis may also be termed a cost/benefit analysis. M. Annexation into a sewer district shall be in process at time of application submission, as verified by the sewer district's governing board, if applicable. 11-1-7 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS LESS THAN TEN (10) ACRES. For annexations involving less than ten (10) acres of real property, except for application fees, the Administrator may waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. The Planning and Zoning Commission and any of the items listed in Section 11-1-6 upon finding that their submittal is required to complete their -3- Ammon City Council 03.02.2023Page 64 of 97 review of the annexation application request. Annexation into a sewer district shall be in process at time of application submission, as verified by the sewer district's governing board, if applicable. 11-1-8 CERTIFICATION AND REVIEW. The Planning and Zoning Administrator shall review the application to determine whether the application is complete. Once the Administrator finds the application complete, the Administrator shall submit the application for review and comment to the applicable City departments and appointed recommending boards. Following receipt of comments by the City departments and boards, the Planning and Zoning Administrator shall schedule a meeting with for review of the application by the Commission. 11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code Title 67, Chapter 65. 11-1-10 COMMISSION REVIEW. The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. The Commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Zoning Ordinance of the City of Ammon. The Commission shall make findings of fact and conclusions of law relating to the recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. 11-1-11 COUNCIL REVIEW. A. Council Hearing. Upon receipt of the Council may, but is not required to, schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B. Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1. Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare. 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed -4- Ammon City Council 03.02.2023Page 65 of 97 with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. C. Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. a. Annexation Agreement. The City Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. The annexation agreement may include any mitigation measures deemed appropriate by the City Council to address concerns raised during the application process. The annexation agreement shall not be signed by the City until proof of annexation into the applicable sewer district is provided. b. Zoning Designation. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the Zoning Ordinance of the City of Ammon. D. Reconsideration. Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. Section 2. SEVERABILITY CLAUSE. If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply. Section 3. REPEALER CLAUSE. All Ordinances or Resolutions or parts thereof in conflict herewith are hereby repealed and rescinded. Section 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED AND ADOPTED BY THE AMMON CITY COUNCIL and signed by the Mayor this _____ day of March, 2023. ________________________ ATTEST: Sean Coletti, Mayor City of Ammon ___________________________ Kristina Buchan, City Clerk -5- Ammon City Council 03.02.2023Page 66 of 97 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 701 introduced and read by title. AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE. Councilperson moves: different days and that the three reading Councilperson seconds: Roll call vote on motion. Ordinance again read by title. AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE. Councilperson moves: 701 and summary as an ordinance of the City of Ammon on its third and final Councilperson seconds: Roll call vote. Ammon City Council 03.02.2023Page 67 of 97 Ammon City Council 03.02.2023Page 68 of 97 Ammon City Council 03.02.2023Page 69 of 97 Ammon City Council 03.02.2023Page 70 of 97 Ammon City Council 03.02.2023Page 71 of 97 Ammon City Council 03.02.2023Page 72 of 97 Ammon City Council 03.02.2023Page 73 of 97 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 697 introduced and read by title. AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING EMERGENCY MORATORIUM ORDINANCE NO. 697 BY EXTENDING THE MORATORIUM NOT BEYOND OCTOBER 6, 2023; STATING THE FINDINGS AND REASONS FOR EXTENDING AND AMENDING THE MORATORIUM; SAVINGS AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE. Councilperson moves: different days and that the three reading Councilperson seconds: Roll call vote on motion. Ordinance again read by title. AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING EMERGENCY MORATORIUM ORDINANCE NO. 697 BY EXTENDING THE MORATORIUM NOT BEYOND OCTOBER 6, 2023; STATING THE FINDINGS AND REASONS FOR EXTENDING AND AMENDING THE MORATORIUM; SAVINGS AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE. Councilperson moves: 697 and summary as an ordinance of the City of Ammon on its third and final Councilperson seconds: Roll call vote. Ammon City Council 03.02.2023Page 74 of 97 Ammon City Council March 2, 2023 Mayor Coletti and City Councilmembers: Curlew Bend Development Agreement Revocation Staff Presenting: Cindy Donovan Planning Director Recommendation Staff recommends revoking the Development Agreement for the Curlew Bend Subdivision as the development agreement was not signed and the corresponding final plat has expired. Summary of Analysis 1. Development Agreement and Final Plat were approved by the City Council on January 20, 2022. 2. The Development Agreement was not signed by the applicant and therefore was not recorded. 3. The Final Plat was not recorded and has expired in accordance with 10-29-8 Requirements of the Final Plat. At the time the plat was approved, the plat was required to be recorded within twelve months. 4. Rezone of the property was approved by the City Council on March 18, 2021. 5. Conditional Rezone Agreement with current developer was approved by the City Council on August 19, 2021. 6. Design Review was approved by the City Council on December 2, 2021. 7. Preliminary Plat was approved by the City Council on January 6, 2022. Parcel Characteristics - General Location: north of 17th Street, east of 25th East, south of 1st Street, west of Tie Breaker Drive - Acres: 4.449 acres total - Zone: MU - Multi-Use - Residential: 60 units, townhomes with individual lots, 13.48 units per acre - Commercial: will include 1 commercial lot and 1 common lot Motion I move to revoke the current development agreement for the Curlew Bend Subdivision as the corresponding final plat has expired. Attachments: 1. Title 10 Chapter 29 Subdivisions 2. Curlew Bend Development Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.02.2023Page 75 of 97 DEVELOPMENT AGREEMENT (CITY OF AMMON/ CURLEW BEND) THIS AGREEMENT, made and entered into this 20th day of January, 2022, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of liability corporation, RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 5, 2021, the Curlew Bend preliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, ON December 2, 2021, the Curlew Bend Design Review was approved by the City Council; and WHEREAS, on May 20, 2021, the Curlew Bend preliminary plat was approved by the City Council; and WHEREAS, on January 5, 2022, the Curlew Bend final plat was approved by the Planning and Zoning Commission; and WHEREAS, on January 20, 2022, the Curlew Bend final plat was approved by the City Council; and CURLEW BEND DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 03.02.2023Page 76 of 97 WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on January 20, 2022, the Mayor and City of Council of the City of Ammon, Idaho, considered the Curlew Bend Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all years of the Effective Date. 4. DEVELOPER. more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on March 6, 1986. 5.1.2. Conditional Rezone Agreement approved by the Ammon City Council on August 19, 2021. 5.1.3. Design Review approved by the Ammon City Council on December 2, 2021. 5.1.4. Preliminary Plat approved by the Ammon City Council on January 6, 2022. 5.1.5. Final Plat approved by the Ammon City Council on January 20, 2022. 5.1.6. Improvement Drawings approved by the City Engineer on _____________, 2022. CURLEW BEND DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 03.02.2023Page 77 of 97 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e. telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to install street lights or community this must be disclosed throughout the development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each CURLEW BEND DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 03.02.2023Page 78 of 97 improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement sewer line is adequate for the development. Should City elect to have installed the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Devel is adequate for the development. Should City elect to have installed water main in CURLEW BEND DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 03.02.2023Page 79 of 97 upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent herein will be serviced by the City of Ammon water system, unless specifically agreed to by both developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street CURLEW BEND DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 03.02.2023Page 80 of 97 or utility improvements he intends to complete at that time. Developer agrees to make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such meeting of the City Council at least ten (10) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a final plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer and filed with the County Recorder of Bonneville County, Idaho, as to any areas where improvements are to be commenced. CURLEW BEND DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 03.02.2023Page 81 of 97 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-15 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the issuance of any building permit for buildings in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-15. This guarantee of completion shall be provided in lieu of completing all infrastructure CURLEW BEND DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 03.02.2023Page 82 of 97 improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a final plat on property located within this agreement; the developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That developer shall pay any front footage fees applicable to said property. 6.26. That developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That developer shall petition the Eastern Idaho Regional Waste Water Authority (EIRWWA) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRWWA fee as constituted by EIRWWA at the time of the building permit application. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRWWA. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. 6.31. Developer and/or Property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. CURLEW BEND DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 03.02.2023Page 83 of 97 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall extend and construct the entirety of Curlew Drive, including street, curb and gutter on both sides of the road, and sidewalks on the project side from the existing road and sidewalk to the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. 7.2. SC-2: Developer shall extend and construct the entirety of John Adams Parkway, including street, curb and gutter on both sides of the road, and sidewalks on the project side along the frontage of the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. 7.3. SC-3: Developer shall improve the intersection of Curlew and John Adams Parkway to accommodate fire protection and construction access according to the standards required by the City Engineer prior to approval of any building permit for the development. 7.4. SC-4: A maximum of 61 residential dwelling units shall be permitted for the Development. 7.5. SC-5: A minimum of 10,000 square feet of commercial space shall be constructed as part of the Development. 7.6. SC-6: The Development plans shall allow for second-story construction to accommodate up to 10,000 square feet of additional commercial space immediately above the commercial space outlined in SC-5 above. 7.7. SC-7: Developer shall pay $480.00 per residential dwelling unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. The same shall be paid prior to issuance of any building permit. In lieu of a payment, the Developer may propose donation of real property or provide in-kind improvements to public parks at the direction of the City Administrator. 8. MISCELLANEOUS PROVISIONS. 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. CURLEW BEND DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 03.02.2023Page 84 of 97 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Curlew Townhomes Mike Reynolds 1289 Stone Drive Rexburg, ID 83440 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. Owner shall record this document, including all of the Exhibits, and submit proof of such recording to the City. Failure to comply with this section shall be deemed a default of this Agreement by Owner. 8.7. No Precedent. Approval of the Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Development Agreement is not transferable from one parcel of land to another. 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. CURLEW BEND DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 03.02.2023Page 85 of 97 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Mike Reynolds, Curlew Townhomes ATTEST: _______________________________ Kristina Buchan, City Clerk CURLEW BEND DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 03.02.2023Page 86 of 97 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2022 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: __________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2022 before me the undersigned, a Notary Public in and for said State, personally appeared Mike Reynolds, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: CURLEW BEND DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 03.02.2023Page 87 of 97 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Township 2 North, Range 38 East of the Boise Meridian, County of Bonneville, State of Idaho. Section 22: Beginning at a point that is S89°20'54"E 1480.61 feet along the Section line and N00°39'06"E 359.94 feet from the West Quarter Corner of said Section 22, said point being on the Easterly right-of-way line of Curlew Drive and running thence N00°18'30"E 845.70 feet along said Easterly right-of-way line to a point on the Southerly right-of-way line of John Adams Parkway extended; thence S89°38'48"E 95.02 feet along said Southerly right-of-way line to the point of curve of a non tangent curve to the right, of which the radius point lies S00°18'13"W a radial distance of 500.00 feet; whose chord bearing is S81°52'11"E with a chord distance of 136.17 feet; thence Easterly along the arc through a central angle of 15°39'11" a distance of 136.60 feet along said Southerly right-of-way line; thence S00°18'13"W 828.48 feet; thence N89°20'45"W 230.00 feet to the Point of Beginning. EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 CURLEW BEND DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 03.02.2023Page 88 of 97 Ammon City Council 03.02.2023Page 89 of 97 DJUZ!PG!BNNPO BNNPO! TBOJUBUJPO! USVDL! TUPSBHF! CVJMEJOH GFCSVBSZ!35-!3134 HNQ!QSPQPTBM Ammon City Council 03.02.2023Page 90 of 97 97 of 91 Page 03.02.2023 Council City Ammon 97 of 92 Page 03.02.2023 Council City Ammon 97 of 93 Page 03.02.2023 Council City Ammon 97 of 94 Page 03.02.2023 Council City Ammon 97 of 95 Page 03.02.2023 Council City Ammon 97 of 96 Page 03.02.2023 Council City Ammon Ammon City Council 03.02.2023Page 97 of 97