03152007CouncilMinutes - SpecialCITY OF AMMON
CITY COUNCIL SPECIAL MEETING MINUTES
THURSDAY, March 15, 2007
CITY OF AMMON
AGENDA:
2135 SOUTH AMMON ROAD
SPECIAL CITY COUNCIL
AGENDA
THURSDAY, March 15, 2007
CALL TO ORDER:
Mayor Bruce Ard at 6:00 p.m.
PUBLIC HEARING:
Hawks Landing
MINUTES
The special meeting was called to order by Mayor Ard at 6:00 p.m. in the City Building, 2135 South Ammon Road,
Ammon, Idaho, with the following City Officials present:
City Officials Present:
Mayor Bruce Ard
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Dana Kirkham
Councilmember Randy Waite
City Planning Director Ron Folsom
City Engineer Bill Manwill
City Administrator Bruce Rose
City Attorney Scott Hall
City Clerk Leslie Folsom
City Officials Absent:
None
Mayor Bruce Ard explained the procedures to the public in attendance. Mayor Ard opened the Public
Hearing for Hawks Landing.
Planning Director Ron Folsom explained the location of the subdivision and turned the time over to the
developer.
Jeff Hawkes, Hawks Landing, introduced the members of his team from Hawks Landing. He stated the
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breakdown of events leading to this point. He stated on November 16, the City Council voted 5 – 0, unanimously
voting to annex all of their acreage. The land use clusters were approved, in terms of their preliminary development
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plan. The designated requested densities were approved. The master plan was approved. On December 7, the
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PUD ordinance was approved and adopted. On February 7, they presented their final master plan to the Planning
and Zoning Commission with the proposed building setbacks of sizes. They made a petition for a conditional use
permit for a PUD. It was requested to change the comprehensive plan from low density residential to commercial.
They also submitted and petitioned P&Z to request of Council to review and approve their preliminary plat division.
All of the motions passed. He wanted to make sure it was understood that we were approved by the City Council for
their land use clusters, our densities, our preliminary master plan, and also every motion for a specific plan were also
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recommended and approved by P&Z. On February 15, there was some potential new material that people felt the
Council should see and that’s what brings us here today. He presented a layout of his potential development
showing the densities. He explained the dwelling units per acre. He explained they are a low density development.
He explained they repositioned the land use clusters over concern of how they had originally laid out the master
plan. They have tastefully put the higher density in the middle of the development based on feedback from the
public. He stated there was concern about town homes or multifamily housing. With the mansion homes, they went
to an asymmetrical building. He stated they have 48 mansion home units, 93 cluster home units, 53 low density lots,
and 41 medium density lots. They have to have 1 acre lots next to Laurelwood. He stated they have a 3 acre lot
next to Laurelwood, which provides a nice 100 foot separation buffer for them. He again mentioned their densities
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of 235 units; 187 single family units and 48 total mansion homes. They are here tonight and on February 15, to
petition the comprehensive map plan change. The other four issues they are here to speak to Council about this
evening is, we would like to ask the Council, based on the recommendation by P&Z, for a conditional use permit to
develop Hawks Landing with a PUD overlay. Also, rezone requests for HC-1 Commercial and R1-A for the
mansion areas, everything else will remain zoned RP, a recommendation of P&Z as well. They are asking for a final
City Council Special Meeting Minutes 03/15/2007 -- 1
approval of the Hawks Landing master plan and an approval of the Division 1 Preliminary Plat. He explained the
types of homes they are proposing for the different density home plans. He explained the side yard setbacks are 7.5
feet, which means at least 15 feet of separation between each home. He explained the amenities for the community
proposed. He explained a survey by National Association of Homebuilders that came out in February, explaining
the residential customers want less square footage and more recreational features.
Support.
Scott Harris, general contractor, stated he has been in business over 30 years. He has compared the design
features and amenities and feels it has a lot to offer. He explained he feels the features will be great for our
community.
Kim Wilde, stated he sees this as a nice, groomed development that will help bring our community
together. He feels they aren’t match box like homes. He stated we can’t stop growth, but can control how it grows.
Kevin Nichol, stated he just moved here and found out about this project. He is an architect and a
contractor. He believes this will be a higher quality type of building neighborhood. He feels this is a good
opportunity. He and his wife would be very interested in buying in the development. He feels everyone will enjoy
it once it is built.
Carolyn Reinlich, real estate agent, resident in Comore Loma, stated she feels this is a top-notch
development. She understands we are all scared of change, but this is a good change. She feels we need to be open-
minded.
David Stone, Stonebrook Homes in Blackfoot, stated they are in the process of building a different type of
home than is typical. He heard about this development and has been very impressed. He saw a report about a
community in California like this one proposed, and the residents were very happy. He feels this is a great asset for
the community.
Janelle Murray, Pocatello resident, stated she is Jeff’s sister. She feels Ammon could use a breath of fresh
air. She feels this is new and different and very well thought out. She stated he is a home grown Idaho boy. She
thinks he is trying to do something good for Ammon.
Paul Fife, real estate developer/broker, has worked in the Idaho Falls market over twenty years. He feels
this development emphasized family and community. He stated it is not a new concept, Boise has had one for
several years. Miles of trails, lots of common area, playground equipment, and large park areas are some of the
amenities they have and enjoy.
William Brown, stated he has lived in the County of over twenty years. He stated he sees both sides of the
development issue. He feels it in no way takes from us, only benefits us and adds to our community. He also
expressed his support for Jeff Hawkes, who is has known for over 30 years and is a man of integrity.
Quinn Webb, general contractor, stated he wanted to talk about the quality of these homes. He is very
impressed with the quality of homes Jeff is trying to do. He has checked out these types of neighborhoods in
different areas, and has been very impressed.
Robin Webb, stated she understands this is mainly about the change issue. She has studied in depth the
area and researched it extensively. She says she has an eye for quality and feels this is a great project.
Nancy Archibald, stated she feels Jeff Hawkes is a man of high caliber. Families want a community within
a community. Homeowners want something different. These are not cookie cutter.
Jim Windmiller, has lived in Comore Loma for years and thinks there is give and take in all of this. He
feels this is good for everyone. We have to have room for growth.
Mayor Ard stated the Supporters time is up. He read the names of those that did not have time to speak.
Neutral.
Roger Hill, School District #93 representative, stated that the District is neither for nor against this project.
The District would rather be in a growing mode than a shrinking mode. He stated they just completed two
elementary schools in the Ammon area and they are full. They have information submitted to the City regarding
adding trailers and classrooms to Woodland Hills School and Rimrock. The District is doing everything they can to
keep up with growth, but feels they may have another bond in a couple of years at this rate.
Opposition.
Danny McPhearson, stated he owns three lots in Founders Point. He stated the concern is with cluster
homes. He doesn’t like the idea of just cluster homes.
Allan Stevens, Thompson & Stevens, stated he is an Ammon resident since 1980 and represents numerous
people who live in the proposed area. Scott Hall inquired as to who he represents. He stated he represents the
Johnsons, Davenports, Duke, etc. He stated he has looked at this from a legal standpoint. He stated they are
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questioning whether the annexation has been done legally. It appears that City Council relied on the P&Z meeting
hearing of 9/6/2006 to approve the annexation. However, there was nothing in the P&Z minutes that stated they
recommended annexation. In fact, a PUD was denied as far as the minutes were concerned. If there was a private
recommendation, it was not in the minutes. On Nov. 16, 2006, the City Council voted to approve the annexation,
relying on P&Z, without an additional hearing. The other legal issue is whether the PUD complies.
Greg Nebeker, Ammon resident, stated he lives in a 7000 sq. ft. home, is a member of the medical
community and a business owner here in the City of Ammon. He stated, “You our elected officials, and the
decisions you make must represent those that elected you”. He stated numerous residents have been in opposition of
this development. He stated the items of concern are 1) the roads are not conducive to the area and the weather
conditions, 2) the environmental conditions that will arise, 3) safety issues with bottlenecks and the logistics of the
roads, 4) the narrow nature of the roads, 5) additional parking for visitors only on the narrow streets, 6) little room
for snow removal, emergency vehicles, and law enforcement, 7) the curbing required needed for the storm sewer
system, of some sort, for potential runoff control, etc. He stated residents feel the City Council will do what they
want and he is starting to see that.
Helen Davenport, 6135 E. Sunnyside Road, stated she is almost directly across the road from this proposed
subdivision. She stated she has a signed petition regarding the opposition of this proposed development. She feels
the City Council appears to support the developers not the residents. She stated the main issues, the density of
proposed homes in the center of the project, called cluster housing becoming an immediate safety and traffic hazard
based on the use of nearby and adjoining county roads, the lack of needed water resources, and continued poor water
pressure. We are already having trouble with our wells. The concern of lower income homeowner profiles.
Councilmember Dana Kirkham, interjected that she would like a definition of what lower income
homeowner profile is. She would like it on record because she believes it is bordering on discrimination.
Helen Davenport stated that would be these smaller homes, the condensed homes.
Councilmember Dana Kirkham stated she would like to know what is meant by profile. She wants to know
what they are afraid of that will move into that area.
Helen Davenport asked Councilmember Kirkham how she would feel if something like that moved next to
her.
Councilmember Kirkham stated it would be fine. She feels a community benefits from taking everyone in.
Helen Davenport stated, this is stating, we feel we already have a certain type of home that is going in
around them.
Councilmember Kirkham stated that means a home of over $300,000. So that means they shouldn’t allow
any homes under the value of $300,000 that would decrease the values of the homes that already exist. Is this what
she means?
Helen Davenport continued with the greatly diminished value of current homes in the area based on small
lot acreage and small home sizes. The obvious intent of outside investors/developers is building an undesirable and
unrealistic community then leaving the area for the local economy and citizens to live with. To state the obvious,
each City Council is an elected official. The citizens who signed this petition implore that you take action based on
recommendation from local citizens who call Ammon home. Progress must respect those who call Ammon home
today. She stated George McDaniel requested .25 acre lots and had to do .5 acre lots as they requested.
Brent Kennedy, 2335 S. Ptarmigan Way, presented a Power Point presentation. He stated he grew up in the
Ammon area and moved and came back. He looked at what PUD’s are and they are defined as sprawl.
Sustainability is a big problem. He feels a city cannot be built; a city is created by the individuals that live within
the city. He feels we can learn from other cities that have done this and made changes. PUD’s need to be
completely compatible and congruent with other land developments. He talked about the traffic analysis from the
different areas he has studied. He presented different PUD’s in different areas. Mr. Kennedy stated he ran some
numbers concerning the density. Councilmember Bean stated if that has not been submitted to Mr. Folsom, then it
cannot be heard here tonight. Mr. Kennedy stated he would describe what that is right now. Mr. Nebeker stated
they don’t want to know anything new. Mr. Kennedy started to explain the numbers.
Councilmember Kirkham interjected to Mr. Nebeker that it is not that they don’t want to know anything
new. She stated Mr. Kennedy will still have his minute. She stated there are laws that have to be followed. She
stated that if they openly break the law, and know they are doing it, then they have nothing to gain. Mr. Nebeker
stated we learn from our mistakes, don’t we. Councilmember Kirkham stated her point is that she takes offense to
the fact that they state they (Council) does not want to know anything new; they want to know all the information
that is available to us within the laws. She also takes offense to that you imply we have not done research on our
own. Everyone understands the magnitude of this decision that has to be made here tonight. We have done research
on our own and we want to know everything that is available, but the law dictates that if it is not submitted in
advance, we cannot see it in this forum. Mr. Nebeker stated you are seeing it right here.
Mr. Kennedy continued with the numbers and explained it is skewed. His statistics show that over these 98
acres, it would be 5 houses per acre. He spoke about runoff and Founders Point. He stated why people like
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Ammon. He stated he is not concerned with Jeff Hawkes. He feels we need to have stipulations. He feels we need
conformity with what is around there. He feels this can be achieved without a PUD.
Mayor Ard read the names of those that were not able to speak in opposition due to lack of time. He stated
there is 10 minutes for rebuttal.
Rebuttal.
Jay Bullwinkle, planner with Hawks Landing, stated they are the ones that did the master plan in the very
beginning. He is working with one in Driggs, currently. He stated PUD’s are great on a hillside. He stated they
have exceptional amenities of trails, pools, tennis courts, etc. Most roads are standard size and a few alleys. They
will work with the City regarding any parking challenges. They have retained more water than required by the City
of Ammon. They are looking at 0 runoff or better. Concerning water pressure, the project will be participating in
building more water systems, so we will be able to bring more pressure to the area later. Diminishing values - they
have compared numbers and feel the project will help their values come up. As far as density, they are well within
the zoning for the normal area. They have matched the density on the edges to make it seamless with the
surrounding community.
Soren Simonsen, planner and designer working with Jeff Hawkes, stated this has been a very emotional
meeting. In terms of clustering, it is no different than what would be allowed under the zoning under which this area
was annexed into the City. They are proposing 235 lots and underneath what the zoning would allow. They are
proposing the cluster of homes due to what people are looking for. There are many different needs in a community.
They are paying painstaking attention to the details and design of these homes. This is as nice as anything that has
been built in Ammon. These homes in 25, 30, 50 or 100 years are as good as or better than the day they were built.
They are not looking to do something cheap and fast, they are looking to do something that is high quality. The last
issue is street design. The streets they are proposing are not as wide as the city standards. He read briefly from a
study in Utah regarding street design. Vehicle speeds decline with narrow roads. The safest residential street width
is 24 feet according to the study he read.
Jeff Hawkes, stated he came to hear some earth shattering information and feels he has heard nothing new.
Regarding developer intent, he has no personal investors. This is personal capital. They are here to stay and are
committed to see this thing through. He feels it is a legacy. He called several of the individuals that signed the
petition. He feels there are some questions from the petition. Most of them thought it was 500 units. One thought it
was a petition to minimize the dogs in the neighborhood. Several people said they did not know they signed the
petition. At the top of the petition, it indicated it was a high density development, and it is not. He feels the petition
legally is invalid. He appreciates everyone’s time. He respectfully asks the Council to continue with what you
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approved November 16.
Mayor Ard closed the public hearing.
___________________________________________
C. Bruce Ard, Mayor
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Leslie Folsom, City Clerk
City Council Special Meeting Minutes 03/15/2007 -- 4