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10.07.2021 CouncilPacket Next Resolution Number: 2021-014R Next Ordinance Number: 674 INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE AMMON CITY COUNCIL MEETING THURSDAY, OCTOBER 7, 2021 – 7:00 P.M. 2135 SOUTH AMMON ROAD LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING THE MEETING WILL ALSO BE AVAILABLE VIA ZOOM: https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 Meeting ID: 208 612 4000 Passcode: 26666 AGENDA A. CALL TO ORDER Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance – Council Member Wiscombe Prayer – Council Member Slack B. CONSENT AGENDA 1. Accounts Payable Report: Exhibit A 2. Minutes: i. September 16, 2021 – Regular Meeting C. PROCLAMATIONS AND ANNOUNCEMENTS D. DISCUSSION ITEMS 1. Bonneville County Historical Society Presentation E. PUBLIC HEARING F. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) G. ACTION ITEMS 1. Comprehensive Plan Land Use Map Amendment Pearl Properties (Cindy Donovan, City Planner) 2. Rezone Pearl Properties from PB to R-2 (Cindy Donovan, City Planner) 3. Final Plat Founder's Pointe Division 2 (Cindy Donovan, City Planner) 4. Development Agreement Founder's Pointe Division 2 (Cindy Donovan, City Planner) 5. Findings of Fact Village Green Division 2 (Cindy Donovan, City Planner) 6. Conditional Rezone Agreement Village Green Division 2 (Cindy Donovan, City Planner) 7. Ordinance 671 Village Green Division 2 (Cindy Donovan, City Planner) 8. Preliminary Plat Hillcrest Ranch (Cindy Donovan, City Planner) H. DISCUSSION ITEMS I. ADJOURN Ammon City Council Regular Meeting 09.16.2021 Page 1 of 3 AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 16, 2021 – 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA A. CALL TO ORDER Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance – Council Member Slack Prayer – Council Member Tibbitts B. CONSENT AGENDA 1. Accounts Payable Report: Exhibit A 2. Minutes: i. September 2, 2021 – Regular Meeting ii. September 9, 2021 – Work Session C. PROCLAMATIONS AND ANNOUNCEMENTS 1. Constitution Week D. PUBLIC HEARING 1. 2021-034 2021 Fee Resolution E. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) F. ACTION ITEMS 1. Resolution 2021-0012R 2021 Fee Schedule (Micah Austin, City Administrator) 2. Comprehensive Plan Land Use Map Amendment Midway Avenue Townhomes (Cindy Donovan, City Planner) 3. Rezone Midway Avenue Townhomes (Cindy Donovan, City Planner) G. DISCUSSION ITEMS 1. High Density Guidelines H. ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Josh Wheeler Councilmember Rex Thompson Councilmember Byron Wiscombe (via Zoom) Councilmember Craig Tibbitts Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Planner Cindy Donovan Ammon City Council Regular Meeting 09.16.2021 Page 2 of 3 City Engineer Tracy Bono (via Zoom) City Clerk Kristina Buchan A. CALL TO ORDER: Mayor Sean Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall located at 2135 South Ammon Road. Council Member Wheeler led the Pledge of Allegiance and Council Member Thompson offered a prayer. B. CONSENT AGENDA 1. Accounts Payable Report: Exhibit A 2. Minutes: i. September 2, 2021 – Regular Meeting ii. September 9, 2021 – Work Session It was moved by Council Member Slack and seconded by Council Member Wheeler to approve the Consent Agenda. Motion passes unanimously with vote by roll call C. PROCLAMATIONS AND ANNOUNCEMENTS 1. Constitution Week PROCLAMATION Whereas, September 17, 2021 marks the two hundred and thirty- fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. Now, Therefore I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties remembering that lost rights may never be regained. PROCLAIMED AND SIGNED this 16th Day of September 2021 D. PUBLIC HEARING 1. 2021-034 2021 Fee Resolution Mayor Coletti reviewed the instructions for participating in the public hearing and opened the hearing. Seeing no residents present or on Zoom to testify, Mayor Coletti closed the public hearing. E. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) There was no public comment Ammon City Council Regular Meeting 09.16.2021 Page 3 of 3 F. ACTION ITEMS 1. Resolution 2021-0012R 2021 Fee Schedule (Micah Austin, City Administrator) Administrator Austin reviewed the fee changes being proposed with Council noting that no changes had been made since the resolution had been brought forward to Council and the notice had been published. It was moved by Council Member Slack and seconded by Council Member Wessel to approve Resolution 2021- 012R. Motion passes unanimously with vote by roll call 2. Comprehensive Plan Land Use Map Amendment Midway Avenue Townhomes (Cindy Donovan, City Planner) Donovan reviewed the application for Map Amendments noting that Planning and Zoning had recommended disapproval of the amendment. Council reviewed the discussion that had been held in August. It was moved by Council Member Slack and seconded by Council Member Wessel to deny. Motion passes with vote by roll call with Council Member Wiscombe voting no – property owner rights supersede 3. Rezone Midway Avenue Townhomes (Cindy Donovan, City Planner) It was moved by Council Member Slack and seconded by Council Member Wessel to Deny. Motion passes unanimously with vote by roll call with Council Member Wiscombe voting no G. DISCUSSION ITEMS 1. High Density Guidelines Austin reviewed the standards as they had been discussed and amended at the previous meeting. Council continued their discussion to edit the document. Council spent considerable time discussing the locations of high-density developments and how they would exist in relation to grocery and other shopping facilities. Staff clarified whether these guidelines would replace the 80/20 mentions in the Comprehensive Plan and how the guidelines would better help guide future developments. Council directed Staff to make additional edits and return the guidelines to Planning and Zoning for adjusting before it returns to Council for approval. H. ADJOURN The meeting adjourned at 9:00pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting October 7, 2021 Mayor Coletti and Ammon City Council Members: Pearl Properties Comprehensive Plan Land Use Map Amendment Staff Presenting: Cindy Donovan – Planning Director Recommendations: Administration recommends that commercial property not be rezoned to residential property Compliance - This action is in compliance with the bulk of the Comprehensive Plan narrative (see below) - This request is in compliance with Chapter 10 of the Comprehensive Plan. Summary of Analysis 1. Approval of the amendment from Heavy Commercial to Medium High Density Residential will result in the loss of commercial property. 2. Request to amend the Comprehensive Plan Land Use Map to High Density Residential was amended at the public hearing to Medium High Density Residential. 3. Surrounding areas on the Comprehensive Plan Land Use Map are: Heavy Commercial, Low Density Residential, and High Density Residential 4. Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. 5. Comprehensive Plan Chapter 9 Population, Page 19: Some concerns were expressed by residents about the increase of multi-family developments and the numbers in each development. In general, the public feels the City has enough multi-family housing but recognizes that overall additional housing may be needed. In discussions during the public input process it was expressed that the City should keep the balance of single family to multi-family housing units relatively the same as it is now which is approximately 80% single family compared to 20% multi-family. Variances occur when large multi-family build developments are built which may require a few years for the single-family residences to reach a balance. The Commission recommends a balance of 80% to 20% on average. Placement of multi-family housing developments should take into account the size of the development. Those with a large number of apartments or condos should be located near arterial roadways. Other locations for smaller multi-family developments could be considered based on specific location and traffic flows. 6. Comprehensive Plan Chapter 10: Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents. 7. Comprehensive Plan Chapter 10: Page 22, Figure 3, recommended land use patterns at the intersection of major and minor arterial streets. 8. Comprehensive Plan Chapter 10: Page 23, Item 9 – Establish land use patterns which build on existing water and sewer facilities. 9. Comprehensive Plan Chapter 10: Page 24, Item 14 – Locate commercial and higher density residential uses at or near intersections of major roads. 10. Comprehensive Plan Chapter 10: Page 25, Item 16 – Encourage land uses which generate major traffic to locate near major and minor arterial streets. 11. Comprehensive Plan Chapter 10: Page 26, Medium High Density Residential - The maximum density is 12 dwelling units per acre. Developments should be located near or provide for transit 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 pickups as they are available. Convenient pedestrian access should be available through the development and to schools, parks, and neighborhood commercial uses. Parcel Characteristics - Acreage: 15.7 acres - Located north of East 49th South, east of South 25th East, south of Judy Street, and west of Wackerli Ave Applicant’s Request - To amend the Comprehensive Plan Land Use Map from Heavy Commercial to Medium High Density Residential - Presented by Zak Warren, Pearl Health Clinic, Eric Wall, Construction Solutions, Chalmers Haas, Chalmers Realty Group Planning and Zoning Commission - Public Hearing #2021-031 was held on Wednesday, September 1, 2021 - Testimony: 4 people spoke in favor of the application; 1 person was neutral and had a question regarding improvements to 25th East, 1 person was opposed prior to the change in application from High Density to Medium High Density. - Commission recommended approval, 7 in favor, 2 opposed due to loss of commercial property - Reasoned Statement: - Creates buffer/transition - Development is better - Fits page 22 of the Comprehensive Plan - Single story with masonry wall as buffer on the east side - Limited 15% rental or non-owner occupied - Provide affordable housing Notice - Published in the Post Register on Friday, August 13, 2021 - Mailed letters to 20 public entities on Friday, August 13, 2021 - No sign posting required, was posted with public hearing #2021-029 on August 19, 2021 - Public comment: None received by the deadline Motion Approve I move to approve the Comprehensive Plan Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to deny the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan or City ordinance. Continue I move to continue the Comprehensive Plan Land Use Map amendment until further details can be attained. Attachments: 1. Vicinity Map 2. Reasoned Statement from Public Hearing #2021-031 before the Planning and Zoning Commission 3. Comprehensive Plan Land Use Map 4. Comprehensive Plan Chapter 10 Land Use 25th ELincoln Rd 25thEE 17th St E Sunnyside Rd S 45th ES Ammon Rd35th E45th EE 1st St 49th S 35th EE S u n n y s i d e R d E 65th S25th E55th EBittern Dr SFrontierDrNassauDrWilliamsLnAdam Dr Barton Ln S Clearfield LnEagle Dr Judy St SidehillLn Greenwillow Ln L a w nD aleDrBarton Cir Mit c h e l l D r Ellendale Cir Upland StDeloy DrDeloy Dr E B e r g e s o n D r Deloy DrDeloy DrWackerli AveStreeter AveRay St Treyden D r Court Pl Indian Hollow Dr Kit Ln Maurine DrDeloy DrDeloy DrBlue Grass LnCastelli DrCamelot CtRobins AveFennec Ln Virginia Dr Botanical Dr Clara Ct BitternDrTabitha T r l FalconDr Luv Pl Empire LnAd a mLn Veil Dr Jordan Cir Treyden Cir Adam Ln Benchmark Cir Orchard Cir Ridgeview Cir Dakota LnFlat h eadLnDiamond CirTalmage StTeton St Eagle D r E 17th St Boulder Creek LnMarsala CirRockwell Dr Casa G r a n d e DrFarnsworth DrBeulahs LnEve DrBarton Ct Tawzer Way Belle Arbor DrKatieCtRuby Cir Jason D rCrimson DrLadino DrWillow Canyon DrMarion CirWard CirCircle S Dr E Ladino Dr Midway AveCabellaro Dr Hidden HvnN B e rg e s o n D rCa s s id y D r Foothill Rd Cr i m s o n D r Barton Pl Wanda StRobisonDrYellowpine DrHeath Cir Triu m p h D rMoonstone DrLiberty DrEClearfieldLn Leihm Ln Michelle St Adam DrThunder DrStonehaven DrWildwood LnSharptail RdSilkwood CirSGenevaDrL a k e f i e l d C i rCordell CirRemember DrE 21st St S F o u n d e r s P o i n t e D r Opal Cir E 17th StCross Ln Racqu e t P l PtarmiganWayTeeplesDrDeerValleyDrDrystone DrSilverwood Cir Bungalow DrRoss Ave Greenfield Dr H eatherLn Bluestone Dr Edinburg CirCrawford St Heartland Cir Stafford CvHeather Cir Fieldstone Ct Georgia Ln Rulon Dr Senoma Cir Del Rio CirTerrill DrMatch Point DrEnsign DrNiel DrDaleen StMarjorie AveHollowDrBridger DrSummerwoodLnSamuel St Silver Cir Buck TrlE 1st StStafford CirAlyson AveLarue AveE High Desert Dr Eight Mile CirNewgate DrEastwood Cir Journee Cir FieldstoneDrA c e r S tBryanLn Sawtooth St Silverstone Dr Jackson DrDenise AveP o a S t Dixie St Aschli Ln Wind Chime PlChippewa Ln Lily LnHolladay DrAnn Ave E 1st StTieBreakerDrAshland DrKimberly DrSalmon St Brennan PlSapphire Dr Oak Ridge Dr Bent Grass Dr P hea sa n tD rTarghee St Red Fox DrShelmar Ln Rulon CirMarket Way52nd EHidden Hutch DrDeonLnStonegate DrSunflow er Ci r Lakefield LnWindsorDrBrownstone Cir Quail Ridge DrMansion H i l l D rTravis WayRoss AveGreenwillow Ln Princess DrStoneridge Cir EmeryLnBriar Creek Ln Romrell LnHearthstone Cir Backhand Dr Rocky Ridge Rd Wasatch Cir Oakhaven Deer Run Courtyard Cir Tild y C irLyn AveBriar Creek Cir Stonehaven Cir Kingswood CirMajestic CirJessica LnN 3750 EE 18th N Gateway CirCross Cir Owen St Hungarian WayE 19th N 20th N 36th E37th EUpland St Molen St Windmill Dr 21st N Southwick Ln Wi m b l e d o n C i r Rawson St Rose Dale LnN Northwind DrN 62nd EOakmeadow CirWalton AveDeer Mdw Brome St Cherrywood Cir Christy LnCobie LnRo b i n s A v e Glenn Cove Ct M ob i le Dr Brettonwood MarciaDrDevonwood Ileen Cir Morning M i s t D r Majestic View Dr31st EAbigailCtL a u r a CirSundance Cir E Frontier Dr Tranq u i l D rWagonwheel Cir Holla d a y C i r Chasewood Dr Ridgewood DrStubblefield Ct WheatfieldLnLost River RdEaglesHomesteadDrStevensDrStonewo o d C i r Hillam DrN 60th EButterflyDrDeer Riv John Adams Pkwy Brennan Bnd Mason St Cabana Dr Whiting WayEagle DrS Bobwhite DrE Rancho Via Dr Obryant St Mil lc ree k Ln 1850 N Garnet St Cabellaro DrPearce Dr Deer Crk Forest Glen DrAuburnAve S a geHenCtEagle Pointe DrStafford Dr Lindee Ln Dal AveRa n d y Dr Mirinda Ln Amber Ln Tildy Ln Birchwood Cir Indio DrArd DrNatalie St San Carlos St SageHenLnP a rtrid g e W a yAvocet DrSparrowHawkDrLeroy Dr E Geneva Dr E 21st S Clayton St Hayden Pl Capstone Dr Harding LnGoldstone Dr Vaughn St S 60th ECordellDr Madeline Dr Bracken Way Mathews Dr Aspen Ln E Bobwhite Dr Meadow LnMidwayAveWestern AveMonteVistaAveFairview Dr Wayne AveCentral AveRomrell LnCurlewDrOdyssey DrChartwell GdnLakewood AveJensenDrLance St E Founders Pointe Dr Derrald Ave Brianne Ave Sweet Water WaySHighDeser t Dr Cott ont r eeLnE 21st SClaryAve Vintage LnDove DrChim n e y RockDrWilson DrRich LnBarn Wood DrFalconDrDeer Strm Portal Stone DrJill St Hammerstone DrCory LnHeath LnRiver B e ndRdCreighton WayMarbrisa LnContorAveSpartina St L a u r e l w o o d D rTennisCourtDr9th N TowerCastleLoopBlossomDrLorna Ave Bob-O-LinkDrTrailwood DrA utum nw oodD rSpencerLnSFoundersPointeDrS Rancho Via DrLydia St Cochise Dr Marlene St Lady HawkLnDeborah DrMaiben AveSerenityL nCornerstoneDrTaylorview LnEden DrCarolyn LnS Rimrock DrE 14th N McCowin LnValver d e St 49th SSabin DrW ill o w R idge Dr E 1st St Bailey Ln Rimrock Dr Brookfield LnAmy LnSchwieder LnE 21st S Foothill Rd52nd ETracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056 THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT. 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Summary of Analysis 1. Property is currently zoned PB 2. Rezone would result in a loss of commercial property. 3. Rezone request was amended from R3-A to R-2 at the public hearing before the Planning and Zoning Commission. 4. Rezone would allow for the construction of multi-family housing with up to 8 units per acre and up to 8 attached dwelling units 5. Maximum units allowed would be 125, requesting 110 units 6. Surrounding area includes zone HC-1 and low density residential properties to the East, in Bonneville County, and the Granite Creek subdivision, in Ammon, to the South 7. Provides buffer between the commercial to the west and residential to the east 8. Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. 9. Comprehensive Plan Chapter 9 Population, Page 19: Some concerns were expressed by residents about the increase of multi-family developments and the numbers in each development. In general, the public feels the City has enough multi-family housing but recognizes that overall additional housing may be needed. In discussions during the public input process it was expressed that the City should keep the balance of single family to multi-family housing units relatively the same as it is now which is approximately 80% single family compared to 20% multi-family. Variances occur when large multi-family build developments are built which may require a few years for the single-family residences to reach a balance. The Commission recommends a balance of 80% to 20% on average. Placement of multi-family housing developments should take into account the size of the development. Those with a large number of apartments or condos should be located near arterial roadways. Other locations for smaller multi-family developments could be considered based on specific location and traffic flows. 10. Comprehensive Plan Chapter 10: Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents. 11. Comprehensive Plan Chapter 10: Page 22, Figure 3, Recommended land use patterns at the intersection of minor and major arterial streets. 12. Comprehensive Plan Chapter 10: Page 23, Item 9 – Establish land use patterns which build on existing water and sewer facilities. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 13. Comprehensive Plan Chapter 10: Page 24, Item 14 – Locate commercial and higher density residential uses at or near intersections of major roads. 14. Comprehensive Plan Chapter 10: Page 25, Item 16 – Encourage land uses which generate major traffic to locate near major and minor arterial streets. 15. Comprehensive Plan Chapter 10: Page 26, Medium High Density Residential - The maximum density is 12 dwelling units per acre. Developments should be located near or provide for transit pickups as they are available. Convenient pedestrian access should be available through the development and to schools, parks, and neighborhood commercial uses. Parcel Characteristics - Located north of East 49th South, east of South 25th East, south of Judy Street, and west of Wackerli Ave - Acreage: 15.7 acres - Density: 7 units per acre Applicant’s Request - Request to rezone 15.7 acres from PB to R-2 - Application being presented by Zak Warren, Pearl Health Clinic, Eric Wall, Construction Solutions, Chalmers Haas, Chalmers Realty Group Planning and Zoning Commission - Public Hearing #2021-031 was held on Wednesday, September 1, 2021 - Testimony: 4 people spoke in favor; 1 person was opposed prior to zone being amended to R-2 - Commission recommended approval, 7 approve, 2 opposed due to loss of commercial property - Reasoned Statement: - Creates buffer/transition - Development is better - Fits page 22 of the Comprehensive Plan - Single story with masonry wall as buffer on the east side - Limited 15% rental or non-owner occupied - Provide affordable housing Notice - Published in the Post Register on Friday, August 13, 2021 - Mailed letters to 20 public entities and 30 property owners within 300 feet of the property on Friday, August 13, 2021 - Property was posted on August 19, 2021 - Public Comment: No written testimony received by the deadline Motion Approve I move to approve the rezone request from PB to R-2 for the Pearl Properties project finding it is in compliance with City Ordinance and the Comprehensive Plan. Deny I move to deny the rezone request from PB to R-2 for the Pearl Properties project finding it is not in compliance with City Ordinance and the Comprehensive Plan. Continue I move to continue the rezone request from PB to R-2 for the Pearl Properties project until further information can be obtained. Attachments: 1. Vicinity Map 2. Concept Plan 3. Reasoned Statement for Public Hearing #2021-029 before the Planning and Zoning Commission 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 4. Title 10 Chapter 15 R2 Residence Zone 5. 10-37-2(A) Residential District Uses Page 1 of 3 REVISED 05062021 CHAPTER 15 R-2 RESIDENCE ZONE SECTION: 10-15-1: General Objectives and Characteristics of Zone 10-15-2: Location of Accessory Structures 10-15-3: Lot Coverage 10-15-4: Special Provisions Regarding Single-Family Attached Dwellings 10-15-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by smaller dwellings, somewhat more compact and denser residential development. This zone does not allow density that will exceed eight (8.0) dwelling units per acre. The principal permitted uses in the R-2 Residence Zone shall be single-family detached dwelling units, buildings containing two (2), three (3), or four (4) zero lot line single-family attached dwelling units, and certain other public facilities which are necessary to promote and maintain stable residential areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-2 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). 10-15-2: LOCATION OF ACCESSORY STRUCTURES: (A) Side yard requirements for accessory buildings shall be the same as for main buildings. Any accessory building placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory buildings which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. Page 2 of 3 REVISED 05062021 10-15-3: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment of the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R-2 Zone adjoins land zoned RP, RP- A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. 10-15-4: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS. (A) All lots upon which a single-family attached dwelling is located shall have vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. (B) No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. (C) Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may be held in common with another single-family dwelling unit. (D) No more than four (4) single-family attached dwellings may be attached together. (E) Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached Page 3 of 3 REVISED 05062021 dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code or International Residential Code as they may apply. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (F) No certificate of occupancy shall be issued for a single family attached dwelling unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each dwelling unit has been filed with the Bonneville County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the individual dwelling units sharing common facilities and shall allocate responsibility as and between the owners of such lots for the use, maintenance, and ownership of all common facilities. ZonesMaximum Units Per AcreMinimum Lot Area (Square Feet)Minimum Lot WidthMinimum Open SpaceFront Setback MinimumSide Setback Minimum (except zero lot line properties)Rear Setback MinimumMinimum Square Footage (Single Story, Above Grade)Minimum Square Footage (Multi-Story, Above Grade)Maximum Building HeightAccess WidthAccessory StructureAccessory Dwelling Unit (ADU)Attached Units AllowedMinimum Landscape StripRequired BuffersChild Care Facilities Require a Home Occupation LicenseAssisted Living CenterRE 1.00 43,560 125' 70% 50' 20' 25' 1,500 2,600 35' 30' P P 1.00 RP 2.50 12,000 100' 70% 30' 10' 25' 1,400 2,400 35' 30' P P 1.00 P6, P7 RP-A 2.50 10,000 90' 70% 30' 10' 25' 1,200 2,000 35' 30' P P 1.00 R-1 4.00 5,000 50' 70% 30' 8' 25' 1,000 1,500 35' 30' P P 1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80' 70% 30'8'25' 1,000 1,500 35' 30' P P 1.00 P6, P7 R1-A 4.00 5,000 sq ft/unit 100' 70% 30'P1, 8'25' 1,000 1,500 35' 30' P P 2.00 P6, P7 RS 6.00 4,000 50' 50% 25' 14' total with a minimum of 4' on one side 20'800 1,200 35' 20' P 1.00 R-2 8.00 P2 100' 65% 30'P1, 8'25'900 1,300 35' 30' P 4.00 10'P6, P7 R2-A 12.00 P3 100' 65% 30'P1, 8'25'1,100 40' 30' P up to 8.00 10' Fence P6, P7 P R-3 16.00 P4 100' 65% 30'P1, 8'25'1,000 40' 30' P up to 16.00 10' Fence P6, P7 P R3-A 20.00 P5 100' 65% 30'P1, 8'25'1,000 40' 30' P up to 20.00 10' Fence P6, P7 P RMH 4.00 8,000 sq ft 50' 70% 30'P1, 8'25'1,000 35' 30' P 1.00 MU 20' Not Permitted P Permitted P1 P2 P3 P4 P5 P6 Family Child Care Facility - five (5) or fewer children P7 Group Child Care Facility - six (6) to twelve (12) children ###### For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. 10-37-2 (A) RESIDENTIAL DISTRICT USES There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no ness than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting October 7, 2021 Mayor Coletti and Ammon City Council Members: Village Green Division 2 Conditional Rezone Agreement, Findings of Fact, Ordinance 671 Staff Presenting: Cindy Donovan – Planning Director Compliance - This application is in compliance with the Comprehensive Plan, Comprehensive Plan Land Use Map, and City Ordinance. Summary of Analysis 1. This is a continuation of the Village Green subdivision located to the north of this project 2. Rezone request was approved by the City Council on August 5, 2021 subject to a Conditional Rezone Agreement 3. Conditional Rezone Agreement includes: - A cap of 18 units - Participation in intersection improvements which may include a traffic signal, based upon a traffic study - Concept Plan as presented on August 5, 2021 to the City Council Parcel Characteristics - Located north of East 17th Street, east of Curlew Drive, south of Chasewood Drive and west of Trailwood Drive. - Acres: 1.853 acres - Zone: Request to zone R2-A, this zone allows up to 12 units per acre - R2-A zone would allow 22 units, Development is being capped 18 units - Density: 9.714 unit per acre Applicant’s Request - Request to rezone 1.853 acres from CC-1 to R2-A - Application being presented by Brandt Monette, Kade Clinger, Concordia Development, and Kurt Roland, Eagle Rock Engineering Motion – See provided script for Ordinance #671, motion for Findings of Fact on the final page of the document. Approve I move to approve the Conditional Rezone Agreement. Deny I move to deny the Conditional Rezone Agreement. Attachments: 1. Vicinity Map 2. Concept Plan 3. Conditional Rezone Agreement 4. Ordinance 671 Rezone from CC-1 to R2-A 5. Findings of Fact, Conclusion of Law E CHASEWOOD DR VICINITY MAP TRAILW O O D VILLAG E DESERETINDUSTRIESTRAILWOOD DRS CURLEW DRE 17TH ST MIDWAY AVES CURLEW DR 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 ) IN RE: ) AMMON CITY COUNCIL ) CONCORDIA DEVELOPMENT ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION VILLAGE GREEN DIVISION 2 ) ) OCTOBER 7, 2021 ) APPLICANT: CONCORDIA DEVELOPMENT OWNER: CONCORDIA DEVELOPMENT PROJECT: VILLAGE GREEN DIVISION 2 APPLICANT REQUEST: Request to rezone property, 1.853 acres, from CC-1 to R2-A LOCATION: North of East 17th Street, east of Curlew Drive, south of Chasewood Drive, west of Trailwood Drive EXISTING ZONING: CC-1 SURROUND ZONING: C-1, CC-1, R3-A, R2-A, R-2 SURROUNDING USE: COMMERCIAL, HIGH DENSITY RESIDENTIAL PARCEL SIZE: 1.853 ACRES SECTION 1: BACKGROUND FACTS Summary of Application - This would be a continuation of the Village Green subdivision located to the north of this project. This development will provide affordable housing and be a buffer between commercial to the south and homes to the north. Noticing - Planning and Zoning Commission - On June 18, 2021 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On June 18, 2021 notice of the Planning and Zoning Commission public hearing was mailed to 20 public entities and adjoining property owners within 300 feet. Planning and Zoning Commission Findings - Public hearing was held on Wednesday, July 7, 2021. - Findings: - There is a high demand for these units - No interest from commercial buyers - Finalize development in a cohesive way - Best use of property - Landlocked property 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: ● Subject to a Conditional Rezone Agreement to include a density cap, possible contributions to required signal and parks The Ammon City Council therefore finds as follows: 1. The City Council finds the request from CONCORDIA DEVELOPMENT for the project known as the VILLAGE GREEN DIVISION 2 to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from CONCORDIA DEVELOPMENT for the project known as the VILLAGE GREEN DIVISION 2 to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3. If applicable: The City Council finds the request from CONCORDIA DEVELOPMENT for the project known as the VILLAGE GREEN DIVISION 2 to be in compliance with the Subdivision Ordinance. 4. The City Council finds the request from CONCORDIA DEVELOPMENT for the project known as the VILLAGE GREEN DIVISION 2 will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan General Compliance The application complies with the following applicable sections of the Comprehensive Plan: - Chapter 10 Land Use Policies and Strategies: encourage infill development to ensure development is compact, economic and efficient, establish land use patterns which build on existing water and sewer facilities, link homes, schools, parks and shopping areas with bicycle and pedestrian paths, continue to require adequate storm water management for new development and explore methods to allow multi-use of such facilities. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning General Compliance The application complies with the following applicable sections of Title 10: - Chapter 4 Amendments x 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 x 10-4-2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. x 10-4-3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council x 10-4-4: PUBLIC HEARING NOTICE: Applications for amending the zoning ordinance and zoning map shall comply with public hearing and notice requirements of Idaho Code Title 67, Chapter 65. - Chapter 16 R2-A Residence Zone x 10-16-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R2-A Residence Zone is to designate appropriate areas within the City rental dwelling units, multiple family dwellings, and similar buildings where living accommodations for groups may be located. x In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R2-A Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). This zone does not allow density that will exceed twelve (12.0) dwelling units shall be permitted per acre. x 10-16-5: LOCATION OF ACCESSORY STRUCTURES: x Any accessory structure placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 x No side yard shall be required for accessory structures which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. x 10-16-8: LOT COVERAGE: x Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty-five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment to the residents of the dwelling(s), including appropriate play areas for children. x Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: x The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and x Those facilities are available for the use of all residents of the development. x Required Buffers. Wherever a development in the R2-A Zone adjoins land zoned RE, RP, RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a minimum six (6) foot high site obscuring fence shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. If an open space of at least thirty (30) feet is provided between all buildings (whether main or auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open space shall include some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. x 10-16-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE DWELLINGS: These provisions apply to single-family attached townhouse dwellings (those attached to adjacent units via zero lot lines) only. x No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. x Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the property line of 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 the dwelling unit and no pedestrian access may be held in common with another single-family dwelling unit. x No more than eight (8) single-family attached dwellings may be attached together. x Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: x Common party walls constructed in accordance with the International Building Code. x Foundations supporting attached or party walls. x Flashing at the termination of the roof covering over any attached walls. x Roofs. x Vehicular access to a dedicated street for off-street parking facilities or detached garages. x No building permit shall be issued for the construction of a single-family attached dwelling unless a common facilities or party wall agreement or Declaration of Condominium has been filed with the Bonneville County Recorder's office for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the lots sharing common facilities and shall allocate responsibility as between the owners of such lots for the use, maintenance, and ownership of all common facilities. x 10-16-10: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have a vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. Ǧ SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 6 4. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under Title 10 Chapter 16 R2-A Residence Zone and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the VILLAGE GREEN DIVISION 2 subject to the following conditions: 1. Compliance with requirements of the Conditional Rezone Agreement SECTION 5: NOTICE TO APPLICANT OF RIGHTS The City of Ammon hereby provides the following notice to all applicants: All applicants have a right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. Any applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after the date of this written decision and after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by chapter 52, title 67, Idaho Code. THEREFORE, the Ammon City Council approves the VILLAGE GREEN DIVISION 2 subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 7th day of October, 2021. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 1 of 6 CONDITIONAL REZONE AGREEMENT VILLAGE GREEN DIVISION 2 (CITY OF AMMON/CHASEWOOD AMMON PROPERTY FUND, LLC) THIS AGREEMENT, made and entered into this ____ day of ______, 2021, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and CHASEWOOD AMMON PROPERTY FUND, LLC and/or assigns, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to rezone the property described in Exhibit A from CC-1 to R2-A, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on August 5, 2021, the Ammon City Council conditionally approved the request to rezone the property; and WHEREAS, in accordance with Idaho Code 67-6511A, the Ammon City Council requires the Developer to agree to a Conditional Rezone Development Agreement as a condition of approving the rezone request; and NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. Effective Date of Agreement. This Agreement shall be effective as of the date approved by the City Council. VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 2 of 6 3. Term of Agreement. All rights related to this agreement, including all Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. Developer. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. Incorporation of Related Agreements, Approvals, Plans, Permits and other documents. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. a. Description of property, included as Exhibit A to this agreement. b. DEVELOPMENT Concept Plan as presented to the City Council on August 5, 2021, included as Exhibit B to this agreement. c. Findings of Fact, Conclusions of Law and Decision on Rezone Request: October 7, 2021 included as Exhibit C to this agreement. d. Ordinance #671, approving the conditional rezoning of the property, approved on October 7, 2021 included as Exhibit D to this agreement. 6. Breach of Agreement. Any material failure to comply with the terms and conditions of this agreement and any of the above-referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. In the event of a Breach of Agreement, or failure to proceed under the Term of this agreement in Paragraph #3 above, the underlying zoning of Exhibit A shall revert back to CC-1. 7. Governance. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 8. Conditions of Rezone Approval. The following conditions are required of the Developer. Prior to approval of any building permit for the development, all of the following conditions shall be completed by the Developer: a. Traffic Improvements. i. Minimum Improvements. The Developer agrees to the following: 1. Participation in intersection improvements, including a traffic signal shall be required, as determined by a Traffic Impact Study, for the intersections requested by the City Engineer. Prior to submitting a Preliminary Plat, the Developer shall submit the Traffic Study, prepared and stamped by a Professional Engineer licensed in the State of Idaho, to determine the traffic impacts generated by this development. The Traffic Study shall contain a cost estimate of constructing the necessary infrastructure to ameliorate the traffic impacts of this development. b. Water Study. A water study shall be completed showing how the development will be serviced with culinary water and irrigation water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system and irrigation system to fully service the development. The water study shall be completed by the City of Ammon at the Developer’s expense. Prior to approval of a final plat, the Developer shall pay all costs associated with completing the water study. c. Wastewater Study. A wastewater study shall be completed 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 VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 3 of 6 wastewater system to fully service the development. The wastewater study shall be completed by the City of Ammon at the Developer’s expense. Prior to approval of a final plat, the Developer shall pay for all costs associated with completing the wastewater study. d. Wastewater Connection Fee. The Developer is required to pay for sewer connection fees due to 1) the Eastern Idaho Regional Wastewater Authority (EIRWWA) as constituted at the time of the building permit application; and 2) the City of Ammon, when submitting for a building permit. The City of Ammon cannot guarantee sewer capacity will be sufficient to handle the development and cannot award capacity on behalf of EIRWWA. e. Architectural and Site Plan Design. Prior to approval of a preliminary plat for the proposed development, the City Council shall approve the final project design including architectural plans, landscape plans, outdoor lighting plans, and circulation plans. The approval shall not be unreasonably withheld. The following shall be required in the final project design when submitted to the City Council: i. Except as otherwise indicated in this agreement, the project design shall generally align with Exhibit B to this Agreement. Exhibit B represents the project concept as submitted to the City Council for consideration on August 5, 2021. ii. All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association. iii. A maximum of eighteen (18) dwelling units shall be permitted for the Development. iv. The development plans shall allow for construction requirements or restrictions f. Parks and Open Space. The Developer shall pay $480.00 per residential unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. This fee shall be paid prior to issuance of any building permit. In lieu of a payment, the Development may propose donation of real property or provide in-kind improvements to public parks at the direction of the City Administrator. g. Maximum Density of Project. The proposed development shall not exceed 18 dwelling units. h. Fiber Optic. The development shall be connected to the City of Ammon Fiber Optic network. i. Development Agreement. Upon approval of a final plat for the development, the Developer shall enter into an additional development agreement that specifies standard infrastructure requirements for all projects constructed in the City of Ammon and any special conditions specific to the development. 9. Miscellaneous Provisions. a. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon the Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of the City and shall be binding upon the Owner, its successors in interest, personal representatives, heirs, vendees and assigns. VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 4 of 6 b. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. c. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Chasewood Ammon Property Fund, LLC 940 S 5th W #12308 Rexburg, ID 83440 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. d. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. e. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. f. Requirement for Recordation. Owner shall record this document, including all of the Exhibits, and submit proof of such recording to the City. Failure to comply with this section shall be deemed a default of this Agreement by Owner. g. No Precedent. Approval of the Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Development Agreement is not transferable from one parcel of land to another. h. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 5 of 6 i. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. j. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. ATTEST: CITY OF AMMON, IDAHO ___________________________ __________________________ Kristina Buchan, City Clerk Sean Coletti, Mayor ___________________________ Brandt Monette STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2021 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Conditional Rezone Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Kristina Buchan Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: ___________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2021 before me the undersigned, a Notary Public in and for said State, personally appeared _________, known or identified to me to be the individual that executed the attached Conditional Rezone Agreement and acknowledged to me that such corporation executed the same. VILLAGE GREEN DIVISION 2 CONDITIONAL REZONE AGREEMENT - Page 6 of 6 IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: EXHIBIT A LEGAL DESCRIPTION EXHIBIT B DEVELOPMENT CONCEPT PLAN AS PRESENTED TO THE CITY COUNCIL ON AUGUST 5, 2021 EXHIBIT C FINDINGS OF FACT, CONCLUSIONS OF LAW EXHIBIT D ORDINANCE #671 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 671 introduced and read by title. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Groberg and Benton property west of Trailwood Drive, to be known as Village Green Division 2) Councilperson moves: “I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived.” Councilperson seconds: “I second the motion.” Roll call vote on motion. Ordinance again read by title and read in full. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Groberg and Benton property west of Trailwood Drive, to be known as Village Green Division 2) Councilperson moves: “I move the adoption of ordinance No. 671 and summary as an ordinance of the City of Ammon on its third and final reading.” Councilperson seconds: “I second the motion.” Roll call vote. Ordinance #671 – Rezone CC-1 to R2-A Village Green Division 2 Page 1 of 4 CITY OF AMMON ORDINANCE NO. 671 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Groberg and Benton property west of Trailwood Drive, to be known as Village Green Division 2) BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: WHEREAS, certain lands and properties within the City of Ammon have been petitioned for a change of zoning and zoning classification; and, WHEREAS, the City of Ammon Planning and Zoning Commission has duly held a hearing upon the application for change of zone and has given notice as required by law of the hearings thereon; and WHEREAS, the City Council of the City of Ammon has determined that it is not necessary to hold a hearing before the City Council on the application for the change of zones, NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of Ammon: Section 1. a. A petition for change of zone from CC-1 to R2-A, relating to certain property located within Ammon, Bonneville County, Idaho and more particularly described hereafter was properly brought. b. That Public Hearing (#2021-016) was held before the Planning and Zoning . Ordinance #671 – Rezone CC-1 to R2-A Village Green Division 2 Page 2 of 4 Commission of the City of Ammon and recommendations were received from the Planning and Zoning Commission c. That the hearing followed proper legal requirements for advertisement of the hearings. d. That the proposed zoning classification of R2-A shall be compatible with the comprehensive plan. Section 2. That the City Council does hereby amend the zoning map and the zoning classification to R2-A for the following described property: LEGAL DESCRIPTION 0.990 acre Parcel together with Concordia Parcel - south of Village Green A PARCEL OF LAND BEING SITUATED IN THE SOUTH HALF OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AND FOR WHICH IS MORE SPECIFICALLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT THAT IS S.89°25'56”E. ALONG THE SECTION LINE 2577.26 FEET AND N.00°06'28”W. 389.00 FEET FROM THE SOUTHWEST SECTION CORNER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN, SAID POINT BEING THE NORTHEAST CORNER OF INSTRUMENT NO. 1369073 AND RUNNING THENCE N.89°25'56”W. 183.24 FEET THENCE N.00°04'51”W. 204.46 FEET TO THE SOUTH BOUNDARY OF VILLAGE GREEN TOWNHOMES INSTRUMENT NO. 1666660; THENCE ALONG SAID SOUTH BOUNDARY LINE S.89°47'17”E. 392.94 FEET TO THE WEST RIGHT OF WAY LINE OF TRAILWOOD DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE S.00°12'52”W. 206.89 FEET; THENCE N.89°25'56”W. 208.64 FEET TO THE POINT OF BEGINNING. SUBJECT TO: EXISTING EASEMENTS OF RECORD CONTAINING 1.853 ACRES Section 3. That the City Council does hereby amend the zoning map and the zoning classification for the property as described above. Section 4. This ordinance shall become effective upon its passage by the City Council, approval by the Mayor and due publication. Ordinance #671 – Rezone CC-1 to R2-A Village Green Division 2 Page 3 of 4 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 7th day of October, 2021. ________________________________ Sean Coletti, Mayor City of Ammon ATTEST: ______________________________ Kristina Buchan, City Clerk City of Ammon STATE OF IDAHO ) ) ss. County of Bonneville ) I, KRISTINA BUCHAN, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Groberg and Benton property west of Trailwood Drive, to be known as Village Green Division 2) Dated this 7th day of October, 2021. ____________________________________ Kristina Buchan, City Clerk Ordinance #671 – Rezone CC-1 to R2-A Village Green Division 2 Page 4 of 4 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #671 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Groberg and Benton property west of Trailwood Drive, to be known as Village Green Division 2) The full text of this ordinance is available at the City Clerk’s Office, Ammon City Office, 2135 S. Ammon Road, Ammon, Idaho. ATTEST: CITY OF AMMON _______________________ ________________________ Kristina Buchan, City Clerk Sean Coletti, Mayor I have reviewed the foregoing summary and I believe that it provides a true and complete summary of Ordinance #671 and the summary provides adequate notice to the public of the contents of this ordinance. DATED this 7th day of October, 2021 __________________________ Scott Hall, City Attorney 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting October 7, 2021 Mayor Coletti and Ammon City Council Members: Hillcrest Ranch Preliminary Plat Staff Presenting: Cindy Donovan – Planning Director Compliance - This application is in compliance with 10-29-7 Requirements of a Preliminary Plat, 10-14 R-1 Residence Zone and 10-15 R-2 Residence Zone Summary of Analysis 1. Property rezone was approved by the City Council on April 22, 2021 2. Will have access from Ammon Road and will provide connectivity as the property to the north develops 3. Will have an additional emergency access onto Ammon Road, providing access to the south was not possible 4. PUD overlay allows for variations to lot sizes and will require ample green space 5. Any additional requirements of the PUD will be provided in the development agreement Parcel Characteristics - General Location: south of Sunnyside Road, west of Ross Avenue, north of 49th South and east of Ammon Road - Acres: 24.3 acres total – R-1 is 22.74 acres and R-2 is 1.6 acres with a PUD Overlay - Density: 3.6 units per acre Applicant’s Request - Approval of Hillcrest Ranch Preliminary Plat - Presented by Caden Fuhriman, Horrocks Engineers Planning and Zoning Commission - Preliminary Plat was reviewed by the Commission on Wednesday, September 1, 2021 - The Commission recommended approval subject to technical review Motion Approve I move to approve the Hillcrest Ranch Preliminary Plat finding it is in compliance with City Ordinance, subject to technical review. Deny I move to deny the Hillcrest Ranch Preliminary Plat finding it is in compliance with City Ordinance. Continue I move to continue the Hillcrest Ranch Preliminary Plat until further information can be obtained. Attachments: 1. Vicinity Map 2. Hillcrest Ranch Preliminary Plat 3. 10-29-7 Preliminary Plat requirements 4. 10-14 R-1 Residence Zone 5. 10-15 R-2 Residence Zone 6. 10-37-2 (A) Residential District Uses ,ŝůůĐƌĞƐƚZĂŶĐŚ sŝĐŝŶŝƚǇDĂƉ 125' 65'91'29'14' 122' 1 2 8 '12345678910111285'31' 70'105'90' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65'105'65'105'65'105'65'105'65'105'65' 32'85'105'70'12345678910111265'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65'105'65'105'65'105'65'105'65'105'65'105'65'1234565' 65' 65'55'35'31 ' 93'65'114'90'94' 32'70'114'12392' 32'170'31' 26' 65'105'65'105'65'12345678910111265'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65'105'65'105'65'105'65'105'65'105'65'105'65'12345678985'85' 32'65'105'65'65'105'65'21'13'34'90'152'51'152'7 2 '95'174' 4'10' 52'99'65' 65'100'65' 65'100'65' 65'101'65'123456765'101'65' 65'102'65' 65'102'65' 65'103'65' 65'103'65' 65'104'65' 65'105'65'12345665'105'65' 65'106'65' 65'106'65' 28' 14'2 7 '91'65' 56'141'146' 4 7'145'14'12345678910111265'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65'85'31' 70'105'90' 31'85'105'70'105'65'105'65'105'65'105'65'105'65'12345678105'65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65' 65'105'65'876'L=78'R=5 0'L=79'R=50'945'L =79'R =50'220' 941' L=78' R=5 0' 153'220'220'65'105'219'141'80'1570' 381'9 ' 1 3 6'9'166'31 ' 85'210'9,366 SF88,209 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF9,363 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,540 SF6,151 SF7,397 SF10,208 SF23,315 SF6,825 SF6,830 SF6,605 SF6,639 SF6,674 SF6,708 SF6,742 SF6,776 SF6,811 SF6,845 SF6,879 SF6,623 SF9,814 SF10,358 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF6,825 SF8,837 SF6,825 SF6,451 SF10,055 SF12,003 SF6,416 SF6,468 SF6,502 SF6,537 SF6,571 SF6,825 SF6,825 SF6,825 SF6,825 SF9,366 SF9,376 SF6,830 SF6,825 SF6,825 SF6,825 SFS89°59'45"E 367.32'N89°33'11"E 813.03'S89°59'40"E 375.01'N0°28'08"E 190.00'N89°59'45"W 845.71'N0°00'15"E 60.00'S89°59'45"E 906.20'S0°28'08"W 250.00'S89°59'45"E 367.32'S89°33'11"W 813.03'S0°00'15"W 1309.68' R60 'R60'R60'R60'45630'39' 1 2 8 ' 4 0 '31'1 5 6 '150'90'25'12'40'74'105'74'74'105'341'13'23'74'90'74'74'105'74'74'105'74'74'105'74'74'105'7,770 SF8,715 SF7,316 SF7,770 SF3N0°28'08"E 1316.12'254217,638 SF7,770 SF7,770 SF7,770 SF7,284 SF4,227 SF C:\Users\melissak\AppData\Local\Temp\AcPublish_3112\ID-LD-3466-21_PP.dwg - Layout1 - 10/01/2021 04:20pm, melissak 1 5 REVISIONSREV #DATEDRAWING INFODATEDESIGNEDDRAWN*SEE GENERAL NOTES SHEETWARNING012IF THIS BAR DOES NOTMEASURE 2" THENDRAWING IS NOT TO SCALENOT FORCONSTRUCTIONwww.horrocks.comPAGE C PROJECTCHECKEDD B A #2 3 4 2194 Snake River Pkwy., Suite 205Idaho Falls, ID 83402(208) 522-1223ID-LD-3466-21CFMDKLS08/18/2021PRELIMINARY PLATLOT DIMENSIONSHILLCREST RANCH SUBDIVISIONAMMON, IDAHO1 OF 2 PP1.0HORROC K S E N G I N E E R S0 80' 160' SCALE: 1" = 80' BOUNDARY LINE LOT LINE SIDEWALK EASEMENT AND P.U.E. AS NOTED STREET CENTERLINE LEGEND FOUND 5/8" REBAR WITH CAP STAMPED - P.L.S. 10944 PLSS CORNER SECTION LINE CALCULATED POINT POINT OF BEGINNING TIE LINE P.O.B. PUBLIC UTILITY EASEMENTP.U.E. HILLCREST RANCH SUBDIVISION AN ADDITION TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO LOCATED IN THE NW 14 OF SECTION 35, T.2N., R.38E., B.M., -2021- BLOCK DIVISION LINE OLO CAPITAL MATTHEW BISHOP OWNERS/DEVELOPERS: LOT SUMMARY AVERAGE LOT SIZE - 6825 SF SINGLE FAMILY LOTS - 94 TOWNHOUSE LOTS - 1 COMMON LOT - 2 LIVING UNIT DENSITY - 3.6 LU/AC R1 RESIDENCE (94 LOTS) R2 RESIDENCE (24 TOWN HOMES) ZONING EIWWA (EAST IDAHO WATER WATER ASSOCIATION) SEWER AND WATER PROVIDER ROADWAY JURISDICTION CITY OF AMMON FIRE DISTRICT AMMON FIRE 1. STORM DRAINAGE WILL BE DESIGNED IN ACCORDANCE WITH THE CATALOG OF STORM WATER BEST MANAGEMENT PRACTICES FOR IDAHO CITIES AND COUNTIES AND THE CITY OF AMMON SPECS. 2. PUBLIC UTILITY, DRAINAGE, AND IRRIGATION EASEMENTS WILL BE AS SHOWN. 3. THE SITE IS LOCATED IN A FEMA DESIGNATED FLOOD PLAIN OR FLOODWAY ZONE. 4. SITE IMPROVEMENTS ARE SHOWN CONCEPTUALLY ONLY. 5. CROSS ACCESS TO BE PROVIDED BETWEEN LOTS. ALL LOTS TO BE PROVIDED ACCESS TO THE PUBLIC RIGHT-OF-WAY. 6. LANDSCAPING WILL BE INSTALLED ALONG THE ROAD WAY BOULEVARDS.. NOTES: VICINITY MAP SCALE: NTS ENGINEER/PLANNER HORROCKS ENGINEERS Clint Boyle, AICP Caden Fuhriman, P.E. 2194 SNAKE RIVER PARKWAY SUITE 205 IDAHO FALLS, ID. 83402 (208) 522-1223 IRRIGATION DISTRICT PROGRESSIVE IRRIGATION DISTRICT PROJECT SITE PRELIMINARY PLAT ACREAGE SUMMARY TOTAL 25.85 ACRES NORTHWEST CORNER SECTION 35 FOUND BRASS CAP INSTRUMENT NO.1624862 S00°00'15"W 2658.87' (BASIS OF BEARING ) W 1/4 COR. SEC. 33 FOUND BRASS CAP CP&F INSTRUMENT #1624863-UNPLATTED-AMMON RANCH DIVISION NO. 1INSTRUMENT NO. 1042555-UNPLATTED--UNPLATTED--UNPLATTED-S89°59'45"E 517.67'S00°00'15"W 1338.80' P.O.B. 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In addition all submittals shall also be submitted in electronic form. The preliminary plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Prior to making a decision on the proposed preliminary plat the Planning Commission shall determine if a public hearing should be required for the proposed preliminary plat request. If the Planning Commission determines a hearing should be held, there shall be a hearing scheduled for the next available hearing date before the Planning Commission. Final approval of preliminary plats shall be by the City Council. Any preliminary plat containing more than three (3) lots shall be submitted to the Planning Director at least fifteen (15) days prior to the deadline for submission of such plat to the Planning and Zoning Commission. The Planning Director shall submit the drawing for review by the City Engineer, Fire Chief, Building Official and Planning Director. Said review shall provide the developer with any issues needing to be addressed prior to a submission to the Planning Commission. Changes required by the staff review shall be refl ected on the submitted preliminary plat. The preliminary plat so prepared by the subdivider and formally filed with the Planning Director shall contain the following information. (A) The proposed name of the subdivision. (B) The location of the subdivision as forming a part of some larger tract or parcel of land referred to in the records of the County Recorder. (C) A vicinity map showing a radius of one-half (1/2) mile around the proposed development shall be provided. All existing roadways shall be shown, with names on the vicinity map. (D) A contour map at appropriate contour intervals to show the general topography of the tract. (E) The boundary lines of the tract to be subdivided shall be accurate in scale and bearing. (F) The location, widths and other dimensions of all existing or platted streets shall be shown on the preliminary plat. In addition, important features within one hundred (100) feet and contiguous to the tract to be subdivided and recorded as a legal document shall be shown on the preliminary plat. Examples of those features include but are not limited to railroad lines, water courses, easements and exceptional topography. (G) The approximate location of existing sanitary sewers, storm drains, water supply mains, fire hydrants, and culverts within the tract and immediately adjacent thereto. (H) The location, widths, and other dimensions of proposed streets, alleys, easements, parks, lots, and other open spaces. (I) All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. (J) North point, scales, and dates. (K) The zoning requested for each area, if not already zoned. (L) The following items shall be printed on the preliminary plat: 1. Density of subdivision in living units 2. number of lots within the division 3. average size of lots within the division 4. total size of plat (in acres) 5. A signature line showing approval date shall be provided for the Planning Director. (M) Mitigation of the impact of development on public facilities should be considered at this stage. Recommendations from staff and the Planning and Zoning Commission shall be directed to the City Council for consideration. 1. Written record of staff and the Planning and Zoning Commission recommendations for mitigation shall be included in the staff presentation to the City Council for each preliminary plat presentation. 2. Written record of the decision and motion of the City Council requirements for mitigation shall be incorporated into an annexation or development agreement prior to the final platting stage of said development. The preliminary plat shall be drawn to a scale not smaller than one (1) inch to one hundred (100) feet. One (1) copy of the approved preliminary plat will be kept on file for public examination at the office of the Planning Director. Such approval of the preliminary plat shall be valid for a period of one (1) calendar year only. Page 1 of 1 REVISED 05062021 CHAPTER 14 R-1 RESIDENCE ZONE SECTION: 10-14-1: General Objectives and Characteristics of Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat d enser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Page 1 of 3 REVISED 05062021 CHAPTER 15 R-2 RESIDENCE ZONE SECTION: 10-15-1: General Objectives and Characteristics of Zone 10-15-2: Location of Accessory Structures 10-15-3: Lot Coverage 10-15-4: Special Provisions Regarding Single-Family Attached Dwellings 10-15-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by smaller dwellings, somewhat more compact and denser residential development. This zone does not allow density that will exceed eight (8.0) dwelling units per acre. The principal permitted uses in the R-2 Residence Zone shall be single-family detached dwelling units, buildings containing two (2), three (3), or four (4) zero lot line single-family attached dwelling units, and certain other public facilities which are necessary to promote and maintain stable residential areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-2 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). 10-15-2: LOCATION OF ACCESSORY STRUCTURES: (A) Side yard requirements for accessory buildings shall be the same as for main buildings. Any accessory building placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory buildings which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. Page 2 of 3 REVISED 05062021 10-15-3: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment of the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R-2 Zone adjoins land zoned RP, RP- A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. 10-15-4: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS. (A) All lots upon which a single-family attached dwelling is located shall have vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. (B) No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. (C) Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may be held in common with another single-family dwelling unit. (D) No more than four (4) single-family attached dwellings may be attached together. (E) Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached Page 3 of 3 REVISED 05062021 dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code or International Residential Code as they may apply. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (F) No certificate of occupancy shall be issued for a single family attached dwelling unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each dwelling unit has been filed with the Bonneville County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the individual dwelling units sharing common facilities and shall allocate responsibility as and between the owners of such lots for the use, maintenance, and ownership of all common facilities. ZonesMaximum Units Per AcreMinimum Lot Area (Square Feet)Minimum Lot WidthMinimum Open SpaceFront Setback MinimumSide Setback Minimum (except zero lot line properties)Rear Setback MinimumMinimum Square Footage (Single Story, Above Grade)Minimum Square Footage (Multi-Story, Above Grade)Maximum Building HeightAccess WidthAccessory StructureAccessory Dwelling Unit (ADU)Attached Units AllowedMinimum Landscape StripRequired BuffersChild Care Facilities Require a Home Occupation LicenseAssisted Living CenterRE 1.00 43,560 125' 70% 50'20' 25' 1,500 2,600 35' 30' P P 1.00 RP 2.50 12,000 100' 70% 30'10' 25' 1,400 2,400 35' 30' P P 1.00 P6, P7 RP-A 2.50 10,000 90' 70% 30' 10' 25' 1,200 2,000 35' 30' P P 1.00 R-1 4.00 5,000 50' 70% 30'8' 25' 1,000 1,500 35' 30' P P 1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80' 70% 30'8'25' 1,000 1,500 35' 30' P P 1.00 P6, P7 R1-A 4.00 5,000 sq ft/unit 100' 70% 30'P1, 8'25' 1,000 1,500 35' 30' P P 2.00 P6, P7 RS 6.00 4,000 50' 50% 25' 14' total with a minimum of 4' on one side 20'800 1,200 35' 20' P 1.00 R-2 8.00 P2 100' 65% 30'P1, 8'25'900 1,300 35' 30' P 4.00 10'P6, P7 R2-A 12.00 P3 100' 65% 30'P1, 8'25'1,100 40' 30' P up to 8.00 10' Fence P6, P7 P R-3 16.00 P4 100' 65% 30'P1, 8'25'1,000 40' 30' P up to 16.00 10' Fence P6, P7 P R3-A 20.00 P5 100' 65% 30'P1, 8'25'1,000 40' 30' P up to 20.00 10' Fence P6, P7 P RMH 4.00 8,000 sq ft 50' 70% 30'P1, 8'25'1,000 35' 30' P 1.00 MU 20' Not Permitted P Permitted P1 P2 P3 P4 P5 P6 Family Child Care Facility - five (5) or fewer children P7 Group Child Care Facility - six (6) to twelve (12) children ###### For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. 10-37-2 (A) RESIDENTIAL DISTRICT USES There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no ness than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required.