10.01.2020CouncilPacket
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Ammon City Council
October 1, 2020
Mayor Coletti and City Councilmembers,
Discussion and Consideration of Ordinance 646, Amending Title 11
Staff Presenting
Micah Austin, City Administrator
Recommendation
-Staff recommends the City Council discuss the proposed amendments to Title 11. If there are no
concerns, staff recommends adopting Ordinance 646.
Summary of Analysis
-In August 2019, Ordinance 623 established Title 11 which outlines the procedures for
annexation.
-The City Council discussed Ordinance 623 on August 1, 2019 and on August 15, 2019 at their
regular city council meetings. On August 15, 2019, the City Council conducted a public hearing
on Ordinance 623 which would establish the first annexation procedures ordinance for the City
of Ammon. No public comments were received at this public hearing or subsequent meetings.
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establishment of annexation procedures will promote uniformity and certainty in annexation
applications and that the establishment of annexation procedures will promote the public
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-This new ordinance, Ordinance 646, amends portions of Title 11 to more fully align with State
Code as it relates to annexations and reconsideration.
-The objectives of the ordinance remain unchanged.
Attachments:
1.Redlined version of Ordinance 646
2.Ordinance 646
2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000
www.cityofammon.usPage | 1
CITY OF AMMON
ORDINANCE NO. 646
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 f
f;
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,theMayorandtheCityCouncilfindthattheestablishmentofannexationprocedures
promotes uniformity and certainty in annexation applications; and
WHEREAS,theMayorandtheCityCouncilfindthattheamendmentofannexationprocedures
asestablishedbythisordinanceisconsistentwiththeproceduresestablishedinIdahoCode§50-222;
and
WHEREAS,theMayorandtheCityCouncilfindthattheamendmentoftheannexation
procedures will promote the public health, safety and general welfare,
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOUNCILOFTHECITYOF
AMMON, IDAHO, AS FOLLOWS:
Section 1.AMENDMENT. AmmonMunicipalCode,Title11,isamendedwiththefollowing
language:
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11-1-2PURPOSE. TheCityofAmmonfindsthattheestablishmentofannexation
procedureswillpromoteuniformityandcertaintyinannexationapplicationsandthattheestablishment
ofannexationprocedureswillpromotepublichealth,safetyandgeneralwelfare.Thisordinanceis
intendedtoencouragecollaborationbetweenpropertyownersandcityofficialswhenconsideringany
applicationforanannexationrequestinordertoarriveatthemostsustainableoutcomeforthe
community.UnlesstherearecompellingreasonswhichtheCityAdministratorandPlanningandZoning
Administratorgiveawrittenwaiver,theapplicantshallsubmitplansandapplicablestudiesforall
componentsoftheproposedannexation.Theannexationprocess,asdescribedandrequiredbythis
ordinance, is collaborative.
11-1-3APPLICABILITY.
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
-1-
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
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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
draftsmanlike manner that designates the boundaries of annexed property to be recorded with the
county recorder pursuant to state law.
11-1-5CONCURRENT 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
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ordinance has been adopted and published in accordance with state law.
11-1-6SUBMITTAL 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).
-2-
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.Except as provided otherwise by this Title, 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 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
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a qualified and independent person or firm acceptable by the City Council and in a
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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
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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.
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the external boundaries of the proposed annexation and the names and mailing addresses of all
easement holders within the proposed annexation.
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N.A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of
the costs and benefits of annexation 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
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The fiscal impact analysis shall be prepared by a qualified and independent person or firm
acceptable by the City Council and in a format acceptable by the City Council, to determine the
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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
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process. 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.
11-1-7SUBMITTAL 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
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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.
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
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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. The City Clerk shall mail to each addressee in the list furnished by the applicant a
copy of the notice of the time and place of the hearing at least fifteen (15) days before the date set for a
hearing. The applicant has the burden of providing to the City an updated and correct list of property
owners during the public hearing process. The applicant shall reimburse the City for all mailing costs
and publication costs associated with providing notice hereunder. Any notice for annexation which is
mailed and published shall contain:
1.The time and place of the hearing.
2.A brief description of the land which is the subject of the matter to be heard.
3.The purpose of the hearing and the proposed uses for the land.
4.Any other information, required by the Administrator, which is necessary or desirable in the
public interest or any other requirements of the Ammon City Code and Idaho State Statute
as the same may be amended from time to time.
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:
-4-
(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
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recommendation for zoning. The Commission shall forward those findings and conclusions and their
recommendation in writing to the Council and the applicant.
11-1-11COUNCIL REVIEW.
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conclusions of law, the Council shall 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
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. In the event a subsequent development
proposal materially differs from the development shown in approved annexation, the
annexation agreement shall provide that the proposed development may be denied,
that the applicant shall be responsible for any increased annexation fees and/or that the
property may be deannexed. There shall be no right of an appeal by an applicant or by
an affected party from an adverse recommendation by the Commission or from an
adverse decision of the Council on an annexation application.
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)
-5-
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 October, 2020.
________________________
ATTEST:Sean Coletti, Mayor
City of Ammon
___________________________
Kristina Buchan, City Clerk
-6-
CITY OF AMMON
ORDINANCE NO. 646
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 f
f;
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,theMayorandtheCityCouncilfindthattheestablishmentofannexationprocedures
promotes uniformity and certainty in annexation applications; and
WHEREAS,theMayorandtheCityCouncilfindthattheamendmentofannexationprocedures
asestablishedbythisordinanceisconsistentwiththeproceduresestablishedinIdahoCode§50-222;
and
WHEREAS,theMayorandtheCityCouncilfindthattheamendmentoftheannexation
procedures will promote the public health, safety and general welfare,
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOUNCILOFTHECITYOF
AMMON, IDAHO, AS FOLLOWS:
Section 1.AMENDMENT. AmmonMunicipalCode,Title11,isamendedwiththefollowing
language:
11-1-1TITLE. Mmn
nvfzkmf!wwzx*zdf
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11-1-2PURPOSE. TheCityofAmmonfindsthattheestablishmentofannexation
procedureswillpromoteuniformityandcertaintyinannexationapplicationsandthattheestablishment
ofannexationprocedureswillpromotepublichealth,safetyandgeneralwelfare.Thisordinanceis
intendedtoencouragecollaborationbetweenpropertyownersandcityofficialswhenconsideringany
applicationforanannexationrequestinordertoarriveatthemostsustainableoutcomeforthe
community. The annexation process, as described and required by this ordinance, is collaborative.
11-1-3APPLICABILITY. 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.
-1-
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
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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
draftsmanlike manner that designates the boundaries of annexed property to be recorded with the
county recorder pursuant to state law.
11-1-5CONCURRENT 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
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ordinance has been adopted and published in accordance with state law.
11-1-6SUBMITTAL 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.
-2-
L.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 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
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a qualified and independent person or firm acceptable by the City Council and in a
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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
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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.
11-1-7SUBMITTAL 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
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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.
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11-1-8CERTIFICATION 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
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Commission.
11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code
Title 67, Chapter 65.
11-1-10COMMISSION 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
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recommendation for zoning. The Commission shall forward those findings and conclusions and their
recommendation in writing to the Council and the applicant.
11-1-11COUNCIL REVIEW.
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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
with the annexation, the Council shall remand the proceedings to the Commission for its
recommendation on zoning classification.
-4-
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.
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 October, 2020.
________________________
ATTEST:Sean Coletti, Mayor
City of Ammon
___________________________
Kristina Buchan, City Clerk
-5-
Summary of
ORDINANCE NO. 646
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
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..
A full text of Ordinance No. 646 is available at the Office of the City Clerk and will be made
available to any citizen upon personal request during normal business hours.
DATED this 1st day of October, 2020.
CITY OF AMMON, IDAHO
By:_________________________________
Sean Coletti, MAYOR
ATTEST:
By:________________________________
Kristina Buchan, City Clerk
Ihavereviewedtheforegoingsummaryandbelieveitprovidesatrueandcompletesummary
ofOrdinanceNo.646,andthatthesummaryprovidesadequatenoticetothepublicofthe
contents of this ordinance.
DATED this 1 day of October, 2020.
By:________________________________
Scott R. Hall, City Attorney
Ammon City Council
October 1, 2020
Mayor Coletti and City Councilmembers:
Resolution 2020-13R: Road Closure and Road Cut Standards
Staff Presenting:
Micah Austin, City Administrator
Tracy Bono, City Engineer
Recommendation
-Staff recommends adoption of Resolution 2020-13R to make the road closure and road cut
process more consistent and enforceable.
Summary of Analysis
1.The City of Ammon does not currently have written standards for how to handle road closure
requests and road cut requests.
2.While staff has endeavored to be consistent with all applicants and contractors in regards to
road closure and road cuts, establishing written standards would assist in management of these
projects and enforcement of any violations.
3.Among other things, Resolution 2020-13R requires the following noticing requirements for any
hard closures (closed to all traffic):
Full Road Closure Requirements (Hard Closure)
Notice and Signage.
i.Advance Notice. A minimum 48 hour advance notice is required.
ii.Signage. In addition to any signage required by the TCP, the applicant
must physically post notice signage at two locations at the closure site.
Signage shall address opposing directions of traffic.
iii.Electronic Notice. City of Ammon must post a notice on city social
media accounts.
iv.Costs. Applicant is responsible for all costs associated with noticing and
traffic control for road closures.
Financial Impact
-Adoption of this resolution and subsequent enforcement of the standards will result in a positive
financial impact. The city will collect more fees for road cuts and encroachments and will have
the ability to seek additional funds from applicants that do not restore a roadway to its original
condition.
Motion
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Attachments:
1.Resolution 2020-013R
2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000
www.cityofammon.usPage | 1
RESOLUTION NUMBER 2020-013R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMMON, IDAHO ESTABLISHING
PROCEDURAL STANDARDS FOR ROAD CLOSURE AND ROAD CUTS WITHIN THE CITY OF AMMON
WHEREAS, Title 8, Chapter 5 of the Codified Ordinances of the City of Ammon regulates the construction
and alteration of public roadways and rights-of-way within the City of Ammon; and
WHEREAS, the Mayor and City Council of the City of Ammon find that the establishment of standards for
road closures and road cuts is in the best interests of the citizen of the community; and
WHEREAS, well-maintained and constructed roads and public rights-of-way benefit the entire community
and require less public investment over time;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of Ammon, Idaho that the following
policies for administration of Road Closure and Road Cut Standards are adopted.
Road Closure and Road Cut Standards
Section 1. Full Road Closure Requirements (Hard Closure)
1.Application.
a.Right of Way Encroachment application must be Yzfd and fees paid no earlier than seven (7)
days in advance of the closure date.
2.Traffic Control Plan (TCP).
a.A traffic control plan (TCP) is required and must be submitted with the application. The TCP must
be approved by the City Engineer prior to any closure.
3.Notice and Signage.
a.Advance Notice. A minimum 48 hour advance notice is required.
b.Signage. In addition to any signage required by the TCP, the applicant must physically post notice
signage at two locations at the closure site. Signage shall address opposing directions of traffic.
c.Electronic Notice. City of Ammon must post a notice on city social media accounts.
d.Costs. Applicant is responsible for all costs associated with noticing and traffic control for road
closures.
4.Damages.
a.The applicant shall restore the public roadway to an equal or greater condition following
completion of their project. The City Engineer shall inspect any alterations to the public roadway
after completion of construction and determine if the applicant has restored the public roadway
to an equal or greater condition. If the roadway is not restored to an equal or greater condition,
the City Engineer shall assess any fees to the applicant necessary to restore the roadway.
Section 2. Partial Road Closure Requirements (Soft Closure)
1.Application.
a.Right of Way Encroachment application must be approved and fees paid no earlier than seven (7)
days in advance of the closure date.
2.Traffic Control Plan.
a.A traffic control plan (TCP) is required and must be submitted with the application. The TCP must
be approved the City Engineer prior to any closure
3.Notice and Signage.
a.Advance Notice. None.
b.Signage. Signage shall be posted as required by the TCP.
c.Electronic Notice. At the recommendation of the City Engineer, notice may be posted on City of
Ammon social media accounts.
d.Costs. Applicant is responsible for all costs associated with noticing and traffic control for road
closures.
4.Damages.
a.The applicant shall restore the public roadway to an equal or greater condition following
completion of their project. The City Engineer shall inspect any alterations to the public roadway
after completion of construction and determine if the applicant has restored the public roadway
to an equal or greater condition. If the roadway is not restored to an equal or greater condition,
the City Engineer shall assess any fees to the applicant necessary to restore the roadway.
Section 3. Road Cut Fees.
1.Prior to cutting or trenching across any public roadway, the Road/Street Cut Fee, as adopted by the City
Council, shall be paid by the applicant. Road/Street Cut Fees shall be paid
Section 4. Exemptions.
1.In the event that the health, safety, and welfare of the public is at risk and a road closure is necessary, the
City Engineer may waive any of the requirements in this standard.
This Resolution will be in full force and effect upon its adoption this ____ day of _____, 2020.
CITY OF AMMON
______________________________
Sean Coletti, Mayor
ATTEST:
_________________________
Kristina Buchan,City Clerk
Ammon City Council
October 1, 2020
Mayor Coletti and City Councilmembers:
Rescission of Findings of Fact, Conclusions of Law and Decision for Robertson Annexation
Rescission of Ordinance 642
Rescission of Annexation Agreement with Robertson Corner LLC
Staff Presenting:
Micah Austin, City Administrator
Cindy Donovan, City Planner
Recommendation
-Staff recommends rescinding the following:
oFindings of Fact, Conclusions of Law and Decision for the Robertson Annexation, also
known as the Rocking R Subdivision Annexation
o Ordinance 642
o Annexation Agreement with Robertson Corner LLC
Summary of Analysis
1.On September 3, 2020, the City Council approved the Robertson Annexation (also known as the
Rocking R Subdivision Annexation) request by adopting the Findings of Fact, Conclusions of Law
and Decision for this request. In connection with this approval, the City Council also adopted
Ordinance 642 which annexed the property into corporate limits and established zoning
designations for property. As a condition of the annexation, the City Council approved the
Annexation Agreement with Roberson Corner LLC which provided standards and conditions of
the annexation.
2.After review of the procedures associated with the Robertson Annexation (also known as the
Rocking R Subdivision Annexation), it was discovered that notice of the public hearing which
occurred on August 20, 2020 with the City Council, did not comply with Ammon City Code
§10-4-4 which requires notice to all property owners within 500 feet of the boundary of the
property. As such, the notice was deficient and the Findings of Fact, Ordinance 642, and
Annexation Agreement are therefore deficient and must be revoked.
3.If City Council rescinds the decision and all accompanying documents, the Robertson Annexation
will restart the public hearing process with the Planning and Zoning Commission. Following a
recommendation from the Planning and Zoning Commission, the application will be presented
to the City Council and the City Council will conduct a public hearing.
Financial Impact
-The immediate financial impact of restarting this land use process will be the cost of posting and
mailing all public notices associated with the public hearings. The public hearings will occur on
regularly scheduled meetings, unless otherwise requested by the City Council.
Motion
There are three motions associate with this decision:
2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000
www.cityofammon.usPage | 1
Motion 1:
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Robertson Annexation, also known as the Rocking R Subdivision Annexations, and
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Motion 2:
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Motion 3:
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Attachments:
1.Findings of Fact, Conclusions of Law, and Decision for Robertson Annexation (Rocking R
Subdivision Annexation)
2.Ordinance 642
3.Annexation Agreement with Robertson Corner LLC
2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000
www.cityofammon.usPage | 2
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