03.06.2025 City Council Packet Ammon City Council 03.06.2025Page 1 of 30 16 Ammon City Council 03.06.2025Page 2 of 30 26 Ammon City Council 03.06.2025Page 3 of 30 36 Ammon City Council 03.06.2025Page 4 of 30 46 Ammon City Council 03.06.2025Page 5 of 30 56 Ammon City Council 03.06.2025Page 6 of 30 66 Ammon City Council 03.06.2025Page 7 of 30 15 Ammon City Council 03.06.2025Page 8 of 30 25 Ammon City Council 03.06.2025Page 9 of 30 35 Ammon City Council 03.06.2025Page 10 of 30 45 Ammon City Council 03.06.2025Page 11 of 30 55 Ammon City Council 03.06.2025Page 12 of 30 17 Ammon City Council 03.06.2025Page 13 of 30 27 Ammon City Council 03.06.2025Page 14 of 30 37 Ammon City Council 03.06.2025Page 15 of 30 47 Ammon City Council 03.06.2025Page 16 of 30 57 Ammon City Council 03.06.2025Page 17 of 30 67 Ammon City Council 03.06.2025Page 18 of 30 77 Ammon City Council 03.06.2025Page 19 of 30 Ammon City Council Meeting March 6, 2025 Mayor Coletti and City Council Members: Hampton Hills Rezone Request Findings of Fact and Conclusions of Law Ordinance #728 Staff Presenting: Cindy Donovan Planning Director Summary of Analysis: 1. On February 20, 2025 the City Council voted to approve the Hampton Hills Rezone Request from R1-A to R-1. 2. On February 5, 2025 the Planning and Zoning Commission held Public Hearing #2025-002 and recommended approval of the zone change unanimously. 3. The Future Land Use Map shows the property as Low Density Residential 4. R-1 is an applicable zone in the low-density residential land use designation 5. The R-1 Zone allows a maximum density of 4.0 units per acre and no attached units 6. The rezone will make the entire parcel zoned R-1 7. The rezone will not change the allowed density. The primary change would be that all residential units would have to be detached. 8. The rezone to R-1 prevents split-zoned lots when the subdivision is platted at a later date. 9. The property was annexed on March 20, 2003 as R1-A with City Ordinance #322 10. Surrounding property is zoned R-1 to the north, agricultural property in Bonneville County to the east, Parks, Schools, and Churches (PSC) to the south, and residential properties in Bonneville County to the west Parcel Characteristics: - General Location: north of East 49th South (Township Road), east of Ammon Road, south of Sunnyside Road, west of South 45th East (Crowley Road) - Acres: 20.138 acres - Current Zoning: R1-A - Proposed Zoning: R-1 Planning and Zoning Commission - Public Hearing #2025-002 was held before the Commission on February 5, 2025 - Testimony: 1 person submitted a sign-up sheet in favor but did not testify, 1 person testified as neutral, concerned with the floodplain through the property - Commission recommended approval with a unanimous vote of 9-0 - Reasoned Statement: In compliance with Comprehensive Plan and City Ordinance Rezone does not change the allowed density Eliminating a split zoned parcel No public opposition Planning and Zoning Commission Notice of Hearing: - Notice was published in the Post Register on Friday, January 17, 2025 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.06.2025Page 20 of 30 - Notice was mailed to 10 property owners and 20 public entities on January 17, 2025 - Property was posted on Wednesday, January 22, 2025 - Public comment: no written public comment was received Motion: Approve I move to approve the Hampton Hills Rezone Request Findings of Fact and Conclusions of Law. Attachments: 1. Hampton Hills Rezone Request Findings of Fact and Conclusions of Law 2. Ordinance #728 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03.06.2025Page 21 of 30 ) IN RE: ) AMMON CITY COUNCIL ) RIVERWOOD DEVELOPMENT ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION LLC ) HAMPTON HILLS ) March 6, 2025 REZONE ) APPLICANT: RIVERWOOD DEVELOPMENT LLC OWNER: Paul Johnson PROJECT: HAMPTON HILLS REZONE APPLICANT REQUEST: Request to rezone 20.138 acres from R1-A Residence Zone to R-1 Residence Zone LOCATION: North of East 49th South (Township Road), east of Ammon Road, south of Sunnyside Road, west of South 45th East (Crowley Road) EXISTING ZONING: R1-A Residence Zone SURROUNDING ZONE: City of Ammon R-1, PSC, and Bonneville County single-family residential SURROUNDING USE: Single-Family Residential PARCEL SIZE: 20.138 acres total SECTION 1: BACKGROUND FACTS Summary of Application - Request to rezone 20.138 acres from R1-A Residence Zone to R-1 Residence Zone - Request to construct single-family detached homes (R-1) Noticing - Planning and Zoning Commission - On January 17, 2025 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On January 17, 2025 notice of the Planning and Zoning Commission public hearing was mailed to 20 public entities and adjoining property owners within 300 feet. Planning and Zoning Commission Findings - Public Hearing #2025-002 was held before the Commission on February 5, 2025. - Findings: - In compliance with Comprehensive Plan and City Ordinance - Rezone does not change the allowed density - Eliminating a split zoned parcel - No public opposition SECTION 2: FINDINGS OF FACT 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.06.2025Page 22 of 30 Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Request is consistent with the Comprehensive Plan Future Land Use Map Request is consistent with the Comprehensive Plan Request is consistent with City Code The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Riverwood Development LLC for the project known as the Hampton Hills Rezone to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Riverwood Development LLC for the project known as the Hampton Hills Rezone to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3. If applicable: The City Council finds the request from Riverwood Development LLC for the project known as the Hampton Hills Rezone to be in compliance with the Subdivision Ordinance. 4. The City Council finds the request from Riverwood Development LLC for the project known as the Hampton Hills Rezone will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: General Compliance - Future Land Use Map designates this property as Low Density Residential - Chapter 10 Land Use refers to R-1 Residence Zone as Low Density Residential - Chapter 10 Land Use Policies and Strategies Item 8 Residential densities are predominantly less than four units per acre. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: Chapter 4 Amendments 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. General Compliance 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. Chapter 14 R-1 Residence Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03.06.2025Page 23 of 30 residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. 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-1 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). SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under Title 10, Chapter 4, Amendments, Title 10, Chapter 14, R-1 Residence Zone, and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Hampton Hills Rezone subject to the following conditions: 1. Development shall be subject to a Standard Development Agreement to be negotiated between the Developer and the City. THEREFORE, the Ammon City Council approves the Hampton Hills Rezone subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 6th day of March, 2025. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 03.06.2025Page 24 of 30 NOTICE OF APPLICABLE RIGHTS Applicants have a right to request a regulatory taking analysis of this decision pursuant to Idaho Code §67-8003. Further, per Idaho Code §67-6535, and in accordance with Idaho Rule of Civil Procedure 84, an applicant or an affected person has the right to seek review of this decision. CERTIFICATE OF SERVICE I hereby certify that on this 7th day of March, 2025, I served a true and correct copy of the foregoing document upon the following: Applicant Riverwood Development LLC \[x\] Mailing ATTN: Paul Johnson \[x\] E-Mail: paul@rockwellhomes.net 3539 Briar Creek Lane Ste E Ammon, ID 83406 _____________________________________________ City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Ammon City Council 03.06.2025Page 25 of 30 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 728 introduced and read by title. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: north of East 49th South (Township Road), east of South 35th East (Ammon Road), south of Sunnyside Road, and west of South 45th East (Crowley Road), Bonneville County, Idaho.) Councilperson moves: Councilperson seconds: Roll call vote on motion. Ordinance again read by title. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: north of East 49th South (Township Road), east of South 35th East (Ammon Road), south of Sunnyside Road, and west of South 45th East (Crowley Road), Bonneville County, Idaho.) Councilperson moves: 728 and summary as an ordinance of the City of Ammon on Councilperson seconds: Roll call vote. Ammon City Council 03.06.2025Page 26 of 30 CITY OF AMMON ORDINANCE NO. 728 . AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: north of East 49th South (Township Road), east of South 35th East (Ammon Road), south of Sunnyside Road, and west of South 45th East (Crowley Road), Bonneville County, Idaho.) BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: WHEREAS, certain lands and properties within the City of Ammon have been petitioned for a change of zoning and zoning classification; and, WHEREAS, the City of Ammon Planning and Zoning Commission has duly held a hearing upon the application for change of zone and has given notice as required by law of the hearings thereon; and WHEREAS, the City Council of the City of Ammon has determined that it is not necessary to hold a hearing before the City Council on the application for the change of zones, NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of Ammon: Section 1. a. A petition for change of zone from R1-A to R-1, relating to certain property located within Ammon, Bonneville County, Idaho and more particularly described hereafter was properly brought. b. That Public Hearing (#2025-002) was held before the Planning and Zoning Commission of the City of Ammon and recommendations were received from the Planning and Zoning Commission c. That the hearing followed proper legal requirements for advertisement of the hearings. hƩķźƓğƓĭĻ ϔАЋБ IğƒƦƷƚƓ Iźƌƌƭ wĻǩƚƓĻ tğŭĻ Њ ƚŅ Ѝ Ammon City Council 03.06.2025Page 27 of 30 d. That the proposed zoning classification of R-1 Residence Zone shall be compatible with the Comprehensive Plan. Section 2. That the City Council does hereby amend the zoning map and the zoning classification to R-1 for the following described property: LEGAL DESCRIPTION CHORD BEGINNING, CONTAINING 20.138 ACRES Section 3. That the City Council does hereby amend the zoning map and the zoning classification for the property as described above. Section 4. This ordinance shall become effective upon its passage by the City Council, approval by the Mayor and due publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 6th day of March, 2025. ________________________________ Sean Coletti, Mayor ATTEST: City of Ammon ______________________________ Kristina Buchan, City Clerk City of Ammon hƩķźƓğƓĭĻ ϔАЋБ IğƒƦƷƚƓ Iźƌƌƭ wĻǩƚƓĻ tğŭĻ Ћ ƚŅ Ѝ Ammon City Council 03.06.2025Page 28 of 30 STATE OF IDAHO) ) ss. County of Bonneville) I, KRISTINA BUCHAN, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location:north of East 49th South (Township Road), east of South 35th East (Ammon Road), south of Sunnyside Road, and west of South 45th East (Crowley Road), Bonneville County, Idaho.) Datedthis 6th day of March, 2025. ____________________________________ Kristina Buchan, City Clerk hƩķźƓğƓĭĻ ϔАЋБ IğƒƦƷƚƓ Iźƌƌƭ wĻǩƚƓĻ tğŭĻ Ќ ƚŅ Ѝ Ammon City Council 03.06.2025Page 29 of 30 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: 728 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location:north of East 49th South (Township Road), east of South 35th East (Ammon Road), south of Sunnyside Road, and west of South 45th East (Crowley Road), Bonneville County, Idaho.) 2135 S. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _______________________________________________ Kristina Buchan, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and I believe that it provides a true and complete summary of Ordinance #728and the summary provides adequate notice to the public of the contents of this ordinance. DATED this 6thday ofMarch, 2025. __________________________ Scott Hall, City Attorney hƩķźƓğƓĭĻ ϔАЋБ IğƒƦƷƚƓ Iźƌƌƭ wĻǩƚƓĻ tğŭĻ Ѝ ƚŅ Ѝ Ammon City Council 03.06.2025Page 30 of 30