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Council Minutes 9/12/2006 (34) CITY OF AMMON February 17, 2000 I Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Council member W. Lee Bean Council member Harvey L. Crandall Councilmember Leslie Folsom Council member Ira K. Hall Attorney Brian Tucker Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Office Clerk Connie Guymon I Others Present: Judy Brower of Galusha, Higgins, and Galusha Mike Snyder of Galusha, Higgins, and Galusha David E. Benton, Benton Engineering Sandra & Stan Steele, Representatives of the Developer Elaine McGary, 3255 Meadow Lane, Ammon Dorothy Scoresby, 3520 E. Sunnyside Road, Ammon Lois Critchfield, 3520 E. Sunnyside Road, Ammon Beth Alene Judy Bodily, 3520 E. Sunnyside Road, Ammon Veri Larsen, 2955 Ammon Road, Ammon Laurie Ard, 4315 Wanda St. Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Paul Menser, Post Register Frank & Dora Butler, 3575 E. Sunnyside Road, Ammon Bea Hardison, 3585 E. Sunnyside Road, Ammon Glenn Geyer Boyd Schwieder, 6227 East 1st St., Idaho Falls Dave Shipman, 428 Park Ave., Idaho Falls Ken Spiers, k1907 East 7325 South, Salt Lake City, Utah Boyd Guymon, 3715 Vaughn, Ammon Alan Johnson, 3155 Romrell Lane, Ammon Jay Johnson, 2125 Cabellaro, Ammon Lennis & Margene Tirrell, 3195 Molen, Ammon Beverly Beck, 3885 E. Sunnyside Road, Ammon Faye Beck, 3885 E. Sunnyside Road, Ammon Bob Webster, 3580 Ross, Ammon Cindy Donovan, 3725 E. Sunnyside Road, Ammon Gary & Gloria Boetker, 3945 Aspen Drive, Ammon Martha Haslam, 2937 Oakhaven, Ammon Bernice Shirley, 2834 Oakhaven, Ammon Ken Lembrich, 2640 Salmon, Ammon Doyle & Karen Judy, 5846 S. 45th East, Idaho Falls Ruth Nelson, 3066 Hearthstone Circle, Ammon Judy (Pullman) Wohlert, 3715 S. Ammon Road, Ammon Roger & Donnie Jones, 3680 Ross, Ammon Roy Ellis, Homestead Construction, Idaho Falls Colleen Pin cock, 4135 Ross, Ammon Daron Long, 1301 E. 17th No.1, Idaho Falls Keith & Norene Turnbow, 3640 Ross, Ammon Maxine Sommer, 2990 Romrell Lane, Ammon Julie Bean, 3858 Marlene, Ammon Byrle G. Walker, 3460 Ross Avenue, Ammon Anna Empey, 3945 Aspen Drive, Ammon Kent & Patrice Godfrey, 3255 Western Avenue, Ammon I City Counci1 Meeting, February 17, 2000 - Page 2 Joyce Henderson, 1440 Alice #5, Idaho Falls Michael Wright, Salt Lake City, Utah Earl & Marion Goodson, 3585 Samuel, Ammon Michael McQuain, Public Information Officer for School District 93 I Absent: Attorney W. Joe Anderson Councilmember Hall led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. The first item of business was the audit report of the financial operations of the City of Ammon for the period October 1, 1998, through September 30, 1999. The audit was completed by members of the firm of Galusha, Higgins, and Galusha, and Judy Brower presented the report. Copies of the audit were circulated to the Mayor and City Council, and it was explained page by page. The City of Ammon is in good financial condition. The audit is later this year because it was necessary to wait for the audit of Ammon Urban Renewal Agency so that it could be included as the component unit. The City Officials have been saving funds so that Ammon will be ready to participate in the Sunnyside Road project. Council member Bean moved to accept the audit, which was completed for the fiscal period ending September 30, 1999. Council member Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Hall - Yes; Folsom - Yes. The motion carried unanimously. Jay Johnson pointed out that on December 16, 1999, the City Council approved the Final Plat for Centennial Ranch Divisions No.8 and No.9. but the plat has not been signed. The developer requested the plat to be signed so the project can proceed. The Mayor agreed to sign the plat. I When the Lawrence Ricks' property was approved for annexation, the developer was asked to have his engineer prepare a legal description. The description was to describe the portion to be developed as R-1 and the portion to be developed as R-1A. Jay Johnson provided the legal description and oriented the Council. A preliminary plat will be submitted to the Planning and Zoning Commission. The plan, as presented, meets the density. There are two accesses on to 17th Street. Development will begin on the 1 ih Street side, and Ricks will farm everything not being developed. A public hearing was held on February 3, 2000, to consider the request of Lee Gagner for annexation with initial zoning for the remainder of the property proposed for development as Eagle Pointe. No action was taken because there was not a quorum present. I Regarding Eagle Pointe, the Council discussed the information brought out at the hearing. The road on the East Side of the property needs to line up with 21 st Street. One of the property owners was concerned about the location of the access on to 1 ih Street. Garth Cunningham of Mountain River Engineering explained the request is for action on annexation, and they plan to come back with a preliminary plat. The project is about a ten- year project. Some of the property will be developed right away and some, for example the commercial, may lie dormant for sometime. Council member Hall asked for the proposed R-1, R-2 and commercial areas to be pointed out. The plans are to develop the R-2 with fourplexes and maybe storage units in the commercial. Council member Crandall was concerned that the property would be zoned and then left idle for a long period. One reason for asking for annexation is the development of Eagle Pointe Division No.2, now in progress, will spill over into the area not annexed. Councilmember Folsom asked about a buffer between the R-1 and the C-1. Engineer Manwill recommended annexing all of 1 ih Street from Centennial Ranch to Crowley Road. Council member Hall moved to approve annexation of the remainder of Eagle Pointe with initial zoning of R-1, R-2 and C-1 as indicated on the map including annexation of 1 ih Street to the north side of the street. Lee Bean seconded the motion. Roll call vote: Hall- Yes; Bean - Yes; Crandall - No; Folsom - Yes. The motion carried. The next item of business was the request for a Conditional Use Permit to allow a self- supporting U. S. Cellular Tower. A public hearing was held on this request on February 3, 2000, but no action was taken. The City Council acted as the Board of Adjustment for City Counci1 Meeting, February 17, 2000 - Page 3 this request. The information presented at the hearing was discussed. There will be no radio interference. The tower is to be built on leased property. The neighbors did not express any objection. The proposed location is next to the canal and the pump on property owned by Balls. Councilmember Hall moved to approve a conditional use permit for the self-supporting U.S. Cellular Tower as requested. Council member Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom -Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. I Mayor Ard opened the Public Hearing to consider the request for annexation and zoning of the W.L. Judy Farm. All parties in interest were sworn in to present testimony. Councilmember Folsom declared conflict of interest. She is in the middle of completing her real estate license and she has two real estate companies that she is applying for a position with. One of the companies is the one representing the buyer. Notice of Hearing was published in the Post Register on February 1 and February 8, 2000. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. The Planning and Zoning Commission considered the request at a public hearing on December 7, 1999. They recommended approval with conditions. "My name is Sandra Steele. I represent Telemark Development and Michael Wright in the request for rezoning and annexation for the parcel of property known as the (W. L.) Judy Farm. "We are requesting annexation of 53.95 acres from Bonneville County to the City of Ammon. If this request is granted, we then are requesting zoning for that 53.95 acres and the rezoning of the 7.12 acres that is currently within the city limits. I "The corner 7.12 acres is currently zoned R-3 which allows the highest density residential that the City of Ammon allows. This zoning would allow for more than 390 apartment units. This portion can currently be utilized for a boarding house, lodging house or high density apartments with just a site plan approval. However, we feel that C-1 zoning would better serve the neighborhood by providing a neighborhood shopping area along with a site for a restaurant. By having an area of commercial development, sales tax revenues are produced and property tax revenues are higher for that piece of property than for the residential properties that are in the area. The northern part of the property is not as impacted by the flood plain and we are requesting R-2 zoning for 39 condominium units and for a day care center. For the remainder of the property, we are requesting a RMH zoning designation. We have reduced the number of units and structures on the entire project from 292 to 274. The breakdown of these units is now--a commercial center, a restaurant, a day care center, 39 condominium units, and 232 manufactured housing units including one clubhouse. "This adjustment has been made in consideration of the flood zone that encompasses this 61.07 acres." The revised site plan was presented. I "Services are available for this site, including fire protection, police protection, water and sewer. Even though the schools are considered crowded in this area, land for a new school has been purchased on Ammon Road on the West Side south of Sunnyside Road. Full occupancy of this project will probably not occur for 5 to 7 years. We have been told that there are schools within the school district which are not being fully utilized and that there are several possibilities in utilizing those schools should further crowding occur in the schools closest to this project. "All the streets and their maintenance will be privately constructed and privately maintained at no cost to the City. The utilities will also be private and will be privately maintained from the perimeter of the project inwards. ''The developer is proposing to dedicate sufficient land to provide for a 50 ft. % width of right-of-way for the purpose of widening both Sunnyside and Ammon Roads along the boundaries of this proposed project. This extra width for the streets will help alleviate some of the existing traffic problems. I City Council Meeting, February 17, 2000 - Page 4 "The manufactured housing portion of the property is providing a park for the manufactured community residents, that the City will not have to maintain. "After reading many of the concerns of the citizens of Ammon, I do want to clarify a few issues. Each of the manufactured units will be owned by the occupant. The leasing agreement that is on file with the City of Ammon prohibits renting a unit. The only portion of the manufactured housing community, which will be leased is the land. The leasing agreement specifies that the yards will be maintained by the unit owner, however, if the yard is not properly maintained the management of the community will maintain the yard and bill the unit owner. The portion of the community that will be seen by those who do not live in the community will be maintained by the landowner. There will be pride of ownership in the manufactured housing units--residents will own their unit. "The issues under item 9 in the petition presented to the City Council have been addressed by the developer and his representatives. This petition was presented as opposition to an earlier project but we have addressed the issues. Some of the other issues that we presented were specifically for the prior project and do not pertain to this project. "Citizens are concerned about the lot size for manufactured housing. We have exceeded the lot size required by City ordinance. The ordinance calls for a minimum of 5000 sq. ft. with a maximum of six units per acre. Our minimum lot size is 6050 sq. ft. We have also exceeded the width and depth of the lots. "With the entire project at a density of less than 4.5 units per acre--this includes lodge, shopping center, restaurant, day care center, the condos and the manufactured housing community--the density is below some of your site built residential areas. Using zoning code standards alone, the RPA Residence Zone would allow 324 units on 61.07 units. These lots would be a minimum of 8000 sq. ft. I "Assuming that there were no flood issues, 324 homes or manufactured housing units could be built or set on any 61.07 acre property zoned RPA within your city. The City of Ammon would then be responsible for the maintenance of the sidewalks and streets and the utilities. The open green space and setbacks from streets would not be required. The block walls would not be required. The swimming pool and lodge would not be required. The area set for storage of recreational vehicles would not be required. There would be no control over the maintenance of yards or homes or manufactured homes. There would be no controls on pets or types of outbuildings. There would be no screening of residents. "Concerns have been expressed about what happens if this developer goes away before the project is completed. The developer does not anticipate selling this project, but if your worst fears come true and something happens that he is no longer the owner, the stipulations contained within the development agreement go with the land not the developer. "A development agreement will have to be in place before any construction commences. I "One letter indicated that it was not fair for the Judy property to be rezoned and sold. Since it has been agricultural land, it should stay agricultural land was the comment in the letter. Members of the Judy family are in attendance this evening and will speak. It is just as fair for them to be able to sell their property as anyone else in this community. They are selling it because small acreage farming is no longer a way to support a family. It is not reasonable to ask them to keep the property as is when it is not viable as agricultural land. When emotions speaks, it is not always rational. I will give each of you a thought. What if your house burned and you could no longer live on your property and you wanted to sell it and your neighbors said no? We want it just the way it is now. Don't sell it. Just keep it as vacant land. This is basically what has happened to small farmers in today's economy. They are no longer able to use the land as they have in the past. "Property values always become issues in zoning applications. Each of you received a blue booklet from us and within that booklet is a study done by the East Carolina University, in Greenville, N.C. encompassing four counties. They also studied different surveys that had been done on a smaller scale in California, Michigan, and New Hampshire. We would have City Counci1 Meeting, February 17, 2000 - Page 5 I preferred to be able to use a large study done west of the Mississippi but since we have not been able to locate any other independent study, we have to look at the one that is available. I will quote the conclusion of this study. There is no clear negative correlation between the overall appreciation rate of site-built residential properties and the presence of manufactured housing in close proximity. This is verified for both scattered site manufactured homes and large scale manufactured housing communities at various distance scales. Site built residential properties adjacent to manufactured homes that are located near city boundaries appreciate at a slightly higher rate than those that are further away from the manufactured homes. In some cases, it was found that manufactured housing appreciated in value. This was more likely found in the case of multi-section manufactured homes. One reason for this may be the fact that manufactured housing communities tend to have better maintained landscaping than some other parts of a city. Therefore the streetscape enhances the neighboring properties. "Taxes seem to be an overwhelming concern to most of the people who live in Ammon. I have received the tax information on the homes within the immediate area of this proposed development. Many of the manufactured housing units will be comparable to and in many cases will exceed the value of the homes in the surrounding area. The land will be taxed as improved land with a lodge, swimming pool, streets, fencing and landscaping. The units will be taxed as personal property. The commercial land will be fully taxed with no homeowner exemption as will the day care center. Three types of taxes will be derived from the proposed development-personal property tax, real property tax and sales tax. We have researched the disbursement of personal property tax and the disbursement is at the same ratio as real property tax. I "This property lies within the logical development pattern that is occurring in the City of Ammon. Its development will allow orderly growth of utilities to properties in its vicinity. Having reviewed the current Comprehensive Plan, we feel that the proposed project meets the major goals and objectives of the Comprehensive Plan. The project incorporates sound land planning practices by its design, which utilizes transitional zoning. Commercial to condominiums, to single family manufactured housing which then transitions to the larger lot single family housing which is seen on the north and east. The proposed childcare center will benefit not only the residents of Ammon Ranch but can also benefit the children of the entire City. "In the City of Ammon's proposed changes to the Comprehensive Plan, we have heard that lots adjacent to railroad tracks will be required to be 200 ft. This will provide a buffer for houses with land adjacent to a noise source. Compare that to the residential lots, which are adjacent to this property to the east along Ross Avenue. They are almost twice this distance as shown in this exhibit. In addition to the neighbor's lot depth, this project will provide a minimum 8 ft. buffering landscaped area adjacent to a fence to be erected by the developer. This fence with City Council's approval could be planted with vines to provide a visually pleasing "living tapestry wall." With the extra land that we are able to utilize after removing some of the manufactured housing units, we have added landscaped areas to the entrances on both Ammon Road and Sunnyside Road. The method utilized for installing the entrances to the manufactured housing will provide a sight buffer from the major streets when the landscaping is mature. It is not unreasonable to think that motorists on the two major roads would never see a manufactured housing unit. We have amended the site plan to reflect the reduction in units and the increase in landscaping and the interior park area. I "By master planning the entire site, the City will benefit by having continuity in compatible architecture and landscaping as well as the development of utilities within the site. This project exceeds the requirements for landscaped setbacks along the major streets. In most areas an additional 10 feet of landscaped setbacks will be provided. A decorative 6 feet block wall will be provided along the two major streets in the RMH and Condominium areas. The only place that the 40 feet of landscaped setback is less is adjacent to the drive through restaurant and then the setback is 34 feet due to the posts of the canopy. This project is providing amenities that are not required by the City and will enhance this area for all residents. If this property was developed by several developers without a master plan, these amenities would be difficult to acquire since they are not required by your codes. "Many of the neighbors have expressed great concern that this will impact the City. Any development within a City will cause impacts. Will this cause greater impacts to the City I City Counci1 Meeting, February 17, 2000 - Page 6 than other residential development that has been recently approved? No, this project will not produce as many impacts as many of the other residential developments that have been approved. These residents will pay taxes just as any other homeowner pays taxes. The City of Ammon will receive taxes from this property to offset the impacts just as it receives taxes from the existing homes in the area to offset the impacts that they cause. Because the streets will be privately maintained and the utilities will be privately maintained, this proposed development has mitigated many of the impacts. "I will answer any questions that the City Council has at this time and I would like to reserve rebuttal rights." Council member Bean asked Mrs. Steele about the development time frame. Full occupancy is estimated in five to seven years. About twenty units will be developed at a time. It will be a year to eighteen months until the first manufactured home is placed on site. Michael Wright, Telemark owner, advised that Phase 1 would probably be forty units with the clubhouse. The rest of the phases will probably be thirty units at a time. The first phase will probably take eighteen months. He is not sure that he will be the builder on the condos. He would like to find a local builder. The condos will be owned by the occupant. Councilmember Bean asked if there was any reason why there is a need for a zone of R-2 for the condos rather than an R-1 or R-1A. The developer considers the condos to be a buffer between the commercial and the manufactured homes. Stan Steele commented they want the density of R-2. They would need to change to duplexes if there was a change to R-1A. There are no plans on the commercial. Probably it will be done in two phases. The corner and the restaurant will be the first phase. The commercial needs to be addressed. The developer will own the commercial buildings. I Garth Cunningham of Mountain River engineering discussed the flood zone. The property has three flood zone depths. The north end has a one foot depth, and the mid-section has two feet depth. The south end has an elevation designation. Stan Steele pointed out the layout of the revised site plan. The plans include a considerable amount of block walls and landscaping for buffers. Keith Turnbow asked about plans for the East Side of the project which abuts the back of Ross Avenue properties. There will be a chain link fence with landscaping vines to fill in. I Dorothy Scoresby represented the Judy sisters. "None of the family live in this area. We have been trying to keep up this property for eight to ten years. We've come to the reality that we can no longer keep it up. We would like to, but we do not live close enough. We grew up in Ammon, and we love it. We have friends and relatives who live here. We are faced with a decision. Our time in life clearly indicates that we should sell the property being considered for annexation this evening. We have tried to find a buyer who would make a positive contribution to the City by bringing both business and homes attractive to honor the memory of our father and mother. In light of the property being in the flood plain, there are limitations for its use. We have not had as many options as we would like. We believe that we have found the best possible alternative, and the proposal made by the current buyer is as good as we can arrange. We hope that we can conclude the decisions in such a way that will satisfy you and us. Coming to this decision has probably been the hardest thing we have ever had to do. So, all we can do is turn is over to you." Mayor Ard called for public comments. Robert Webster, 3590 Ross Avenue, stated his opinion that the best use of this land is in land ownership. That is where you get the best citizenry when they own not just the house but the land. He is not concerned with manufactured homes but with ultimate property ownership. Those who rent don't own, and it shows in many ways. Frank Butler, 3575 East Sunnyside Road, favored nice built homes on a permanent foundation. He encouraged the developers to consider raising the elevation of the property. City Council Meeting, February 17, 2000 - Page 7 Dennis Earl, 3089 Stoneridge Circle, spoke on flood insurance. He is a licensed agent. When you put a mobile home in an area that is in a flood plain, it is virtually impossible to find flood insurance. There is one major source of insurance through the federal program. A mobile home on a permanent foundation can be insured like any other home. You are allowing a potential disaster to occur. Cindy Donovan, 3725 East Sunnyside Road, asked the City Officials to consider other options for development of the Judy property. Also, she read verbatim a letter from Robert Beck who was unable to attend the hearing. I Conclusion of Robert Beck's letter: "When members of the City Council actually examine the Idaho Code, and the Comprehensive Plan as legally adopted by the City of Ammon, they will find that there are numerous reasons to reject the proposed development, especially if the developer continues to press for a density in excess of 4.0 units per acre. It appears that Council Members may make a decision based on the fear of litigation from the developer or from the landowner. A close examination of the pertinent sections of the Idaho Code and the Comprehensive Plan as adopted by the City of Ammon suggests that the City should be concerned about a decision that is not supported by the facts and the evidence at the public hearings. I strongly believe that should the developer initiate any litigation, such an effort would be futile. On the other hand, should the City accept the proposed development based on any thing in excess of a 4.0 per acre proposal, the citizens of Ammon would prevail against the city and the developer in subsequent litigation. "I also believe that the citizens of this community have stated reasonable concerns with respect to issues involving the student populations at our local schools, police and fire protection, and other issues which are created by the proposed development. They are saying that the proposed development represents a departure from the basic character of the neighborhood. Based on my observations, the citizens of Ammon will not let this matter rest if they know that the City has failed to follow its own Comprehensive Plan." The letter in its entirety is on file in the City Office. I Mayor Ard addressed information contained in a letter received from Joint School District No. 93. The letter specifies the capacities of all the schools in the District. None of the schools are at capacity. The grade schools would probably be the most impacted. The letter of information will be part of the public record on file in the City Office. Michael McQuain, Public Information Officer for Joint School District No. 93, added information about the schools. The District does have room for growth in the elementary, middle school, and high school levels. There are also other possibilities to handle growth. Modular classroom facilities would be one option. Another option would be boundary changes. A third option would be building additions. The District does not have any kind of a working formula at this time. It is difficult to know demographically with the proposed manufactured housing development what the District would be facing. Would it be retirees or young families with school age children? The developer has estimated 29% would be retirees and 34% would be couples with no children. Beverly Beck, 3885 East Sunnyside Road, pointed out that the school issue is a big thing for her. She questions not up to capacity. Ammon Elementary School is using a basement room under a condemned lunchroom. The teachers are against more growth. Also, she wondered if the units in the proposed development would be required to have flood insurance. I Dennis Earl advised if the unit has a mortgage they will be required to have flood insurance. Mobile home development in the flood plain is a big, big problem. He provided additional information about flood plain insurance. Beverly Beck asked some questions. How many entrances are there on Sunnyside Road? Two or three? Originally there were three, but they were asked to delete one. There are two. What restaurant will be in the development? There is no tenant yet. When will the traffic study be done? It is proposed that a traffic study be completed, and it is up to the City Council. City Counci1 Meeting, February 17, 2000 - Page 8 Dennis Earl: Are these units going to be put on a permanent, concrete foundation? They will be put on a permanent foundation as per FEMA standards. Garth Cunningham explained about the state requirements for foundations. The state requirements are acceptable by the flood plain administration. The developer will comply with the state statute. I Tom Hunsaker, 2925 Carolyn Lane, added information on the foundation requirements as stated in I.C.44-2205. Also, he addressed concerns expressed by Robert Beck in his letter. The Planning and Zoning Commission with the assistance of the City Engineer is trying to clear up the density issue. People have commented that the City can't afford to bring in a slum. No one wants a slum, and this has been carefully looked at. The ideal is a mix of ownership and rental. Owning the home establishes pride of ownership. A lease will give teeth to assuring that the development is maintained. The lease can be included in the development agreement. Also, cost of maintenance can be added to the tax bill. There has been considerable concern about fire safety. Adequate space has been planned between units. Vacant fields tear down property values. Development helps property values. We are told the City has too much water pressure. Because of the water pressure build up, it is not possible to operate all of the City wells at one time. The sewer system is ample to handle the development. If the Judy property was developed with R-1, it would generate about the same amount of traffic as the proposed development. The proposed development should be helpful to the City and not cost the City more. I Kent Godfrey, 3255 Western Avenue, addressed a concern about the group proposing the development. He inquired if there was any kind of bond or financial record on the group. He believed there should be some sort of performance bond to prove they can follow through. Dean Hansen, 6688 South 15th East, was one of the brokers on the Hazen Olsen property. Hazen and his wife were for the project, but they became concerned. He understood they became concerned because everyone said it would bring bad people. All the things heard about the Olsen/T elemark deal was not the case. There were no further public comments. Mayor Ard turned the time to Sandra Steele for rebuttal. I In rebuttal, Mrs. Steele addressed (1) Schools: Bonneville School District has shown a decline in students for the last five years. The September 1999 Appendix to the School Facilities Need Assessment Update shows the Bonneville School District has no need for further facilities at this time. (2) The manufactured housing portion of the project could have an average of .63 children under the age of eighteen. (3) The Idaho survey as reported by Foremost Insurance Company shows one member households make up 29% of the manufactured housing residents. Two member households comprise 36%, and 50% of the household heads are fifty years old or older. (4) Traffic is a concern. Problems with traffic are already apparent, and the project will have an impact. The developer is dedicating property for turn lanes. (5) Traffic generation figures were presented for condominiums, apartments, single family site built residences, and manufactured homes. The chart used will be reproduced and submitted to the City for the public record. Commercial generated traffic information was not available. (6) Crime concerns were discussed. Insurance claim information was given to document that the crime rate is not greater in a manufactured home community than in a regular subdivision. Management and a strong lease agreement will help to control crime. (7) Manufactured homes are no more prone to fire than homes built on site. In conclusion, "I believe that I have offered documentation for all concerns voiced by neighbors. In every case the impacts of this project are considerably less than would be experienced if single family homes were constructed. "I have attended other meetings in the City of Ammon where single family homes and apartments were being considered and those developers, even out of town developers, were not challenged on the impacts even though the impacts of those projects are as great or greater per unit than this project. City Counci1 Meeting, February 17, 2000 - Page 9 "The developer of this project only requests that the deliberation of this project be conducted in the same manner as other residential projects have been deliberated using the same criteria for impacts that are used for other residential projects." Michael Wright stated most of the units will be new, double wide. The sizes will range from 996 sq. ft. to 2524 sq. ft. Some lots will be designated for single units and some will be for double wides. The manufactured housing market was discussed. The developer plans to create an environment where people will want to live. I Landscaping is a key issue. Since the developer will own the lots, he will be in charge of landscaping. The manager will live on site in a manufactured home. Land improvements will be completed first. Next step will be the sales model center. The City wants to insure that the project gets done. The developer will meet all the City requirements. It was stated that the development will provide dedication of right-of-way and improvements to Ammon Road and Sunnyside Road. Councilmember Bean inquired about what the improvements include. This applies to curb, gutter, etc. but needs to be addressed. I Attorney Dave Shipman offered the following items to be included in the public record: (1) Article from Foremost Insurance Group of Companies, "Are manufactured homes more vulnerable to fire than site-built homes?"; (2) Statewide School Facilities Needs Assessment Update, September 1999, "District Capacities and Required Square Feet"; (3) Idaho Department of Education, "Historical Fall Enrollment by School District for Idaho Public Schools"; (4) Mobile Home Evaluations on Vehicle Trips (5) Letter from Bonneville Joint School District 93 containing information regarding District 93 Student Enrollment; (6) Flood Determination and Insurance Requirements; (7) "Manufactured Homes: The Market Facts"; (8) Foremost Insurance Group, "The Market Facts, Survey of Manufactured Home Owners." Also, he addressed the comments on density by Robert Beck and Tom Hunsaker. The City Council interpreted for this hearing that the density is to be no more than 4.5 units per acre. Counsel for the developer argued that contrary to Robert Beck's statement that approving the density of 4.5 units per acre in no way violates the Comprehensive Plan. He requested that this developer be given equal treatment as given to other developers in regard to impact on schools, traffic, police and fire protection. An additional item was offered for the public record. The title is "The Impact of Manufactured Housing on Adjacent Site-Built Residential Properties in North Carolina." Stan Steele commented on a question about why would a manufactured home have less fire danger than a single family resident. Part of the reason is not all manufactured homes have garages. According to the fire code, garages have to meet specific requirements. Also if density is decreased, more is required to be paid by fewer people. All the homes will be above flood level. All the homes will have flood insurance. Kent Godfrey commented that the major issue with this project is all of the neighbors are against it. It requires a lot of integrity on the management to enforce the rules. There is great concern about what is going to happen in the future. His concerns were based on the fact that this developer also proposed to develop the Hazen Olsen property but that was denied. The Olsens had negative feelings. I Michael Wright responded. A proposal was submitted for a manufactured home park on Hazen Olsen's property. The proposal did not come before the City Council because it was denied by the Planning and Zoning Commission. The terms of the agreement with Olsens were met. Telemark ended up paying costs that were to be paid by Olsens. Rod Harris, 3585 Ross Avenue commented that, as far as the land, there has been some mention of other development possibilities. Has the property been put out on the market for sale and have other possibilities been investigated? Have the neighbors been contacted? Ken Spiers, realtor, advised that the property has been listed and publicly advertised for sale for two years. He is not sure what else the owners could be required to do to sell their property. Some of the uses suggested would not be able to pay the market value for the property. I City Council Meeting, February 17, 2000 - Page 10 Mayor Ard closed the public hearing, and the meeting was recessed for five minutes. Council member Bean stated there has been sufficient testimony, and there has been significant research of City Code and Idaho Code. We have two opposing forces. It is unfortunate that one side perceives to have lost. When the community is unhappy something is lost. In such a case it is unfortunate that the City Council has to be the judge. It is not an easy decision particularly because the Council has been elected to represent the people. When there is so much opposition, there is an obligation to take action within the law but, at the same time, protect the individuals who do not want that type of development. There have been a number of issues raised. Traffic has been an issue, and this development will have an impact. We have not had experience with a traffic study for past developments, but a study may be a valid consideration. Water and sewer have been an issue. We have adequate water, but we have had distribution problems. The sewer is not a problem. Police and fire protection have been concerns. We are proud of our volunteer Fire Department. Bonneville County provides excellent law enforcement. The density of the project has been a serious concern. A compromise for a density of 4.5 units per acre is livable. The heaviest concern is whether or not the development protects the integrity and characteristics of the surrounding area. There are residences on three sides, and there is commercial to the west. The proposed zoning was discussed. There was a question as to whether or not the parcel proposed for development with condos should be zoned R-2 or R-1A. The difference between the two zones was explained. The developer agreed to accept the R-1A zone. I Councilmember Bean moved to approve the annexation of 53.95 acres of the W. LaVern Judy Farm into the City of Ammon with the initial zoning 47.17 acres as RMH and 6.78 acres as R-1A; the rezone of 7.12 acres already annexed to the City as 6.65 acres to C-1 and .47 acre as R-1A subject to the conditions approved by the Planning and Zoning Commission and an approved development agreement; and annexation of the entire width of Sunnyside Road and Ammon Road where the property fronts the roads. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall - Yes. Councilmember Folsom did not vote due to conflict of interest. The motion carried. The developer asked for clarification of the zoning. The day care parcel is to be zoned C-1 and the condo parcel is to be zoned R-1A. Roger Hill of Joint School District No.93 contacted Councilmember Bean about connecting the Hillcrest High School parking lot to Owen Street for a fourth access. The status of an extension of Owen Street was explained to Hill. He discussed it with the administration and came back with the report that it is time for the School Board and the City Officials to sit down and talk. A meeting is to be arranged. The Owen Street traffic study needs to be completed. Engineer Manwill advised BMPO will complete the study, but they need authorization to proceed. Engineer Manwill agreed to take care of the authorization for BMPO to proceed. I The problem with the Centennial Ranch development agreement for Divisions 7, 8, and 9 has not been resolved. lona Bonneville Sewer District does not want to back out of the agreement. Also, a decision is needed on how to handle the sewer for the Lawrence Ricks' property. Jay Johnson, developer, has requested all of the Ricks' property to be under the jurisdiction of the City of Ammon. Negotiations with the Sewer District are in order. The Council desires to maintain a good relationship. Reports: Chief Clarence Nelson reported for the Fire Department. David Wadsworth reported for the Public Works Department. Tie Breaker School has requested a change of time for the traffic lights for their school zone. The Council asked Wadsworth to work with the school to meet their needs. The big wind on February 14 caused problems and anxieties. However, the City was able to maintain the water supply even though there was considerable power outage. Engineer Manwill asked for some clarifications on the traffic study for Owen Street. City Counci1 Meeting, February 17, 2000 - Page 11 Mayor Ard recommended that Greg Maeser, Karen Anderson, and Maxine Hardy be reappointed to the Planning and Zoning Commission for three year terms to expire February 28, 2003. I Council member Hall moved to confirm the recommendation of Mayor Ard to reappoint Greg Maeser, Karen Anderson, and Maxine Hardy to the Planning and Zoning Commission for three year terms to expire February 28, 2003. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Councilmember Crandall was involved with other business and did not vote. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Council member Hall seconded the motion. The meeting was adjourned at 11 :45 P.M. ~4--0 UK ,- ATTEST CITY CLERK I I